Areas of Law / Wills and Probate

If a married couple have a joint bank account and one dies, does the account pass automatically into the name of the survivor? What would happen if the husband or wife made a will leaving his or her share to someone else without telling the other partner?

This is surprisingly complicated. Control of the account would pass to the surviving spouse, but if (for example) the husband had put all the money into the account, his personal representatives could lay claim to it on the grounds that the will gave sufficient evidence of his intention for the money not to pass to his wife. If the monies in the account had been contributed 50-50 this is less likely unless the husband had specifically informed his wife about his plans for the bank account.

What our clients say about our lawyers

Thanks for supporting me with advice on this matter. I will definitely recommend you to others who may require your expertise.

Satisfied Client

Read More

About Us

Leading legal advisors, problem solvers – all round good guys! We’re firm believers in a practical, no nonsense approach to law. Forget the jargon, we like to keep it simple – why complicate matters? No stress, no worry, just straightforward solutions to your legal issues. Free legal advice at your fingertips, from the experts to your inbox. is owned and operated by Farleys Solicitors LLP, a member of The Law Society and is regulated in the practice of law by the Solicitors Regulation Authority, Registration No: 484687. Any advice given on this site or in response to any question is only applicable to the law of England and Wales.

Privacy Policy | Terms