Legal Question in Wills and Trusts in Canada

Re: Husband wills ''our'' money

A joint owner of an account is able to take money from the account and to claim ownership. Usually between husband and wife the survivor takes ownership of the remaining amount in the joint account. However a declaration made in a will may have the effect of severing the joint tenancy and the beneficiaries can make a claim against the money. However, a spouse has the obligation to provide proper maintenance and support for a surviving spouse and this obligation comes ahead of the claims of children who are not dependant. If you make deposits into the account and take money out of the account on a regular basis the claims of others under a will are very unlikely to have merit because upon an owner's death the survivor takes the bank account proceeds and it does not, without more, form part of the deceased person's estate and there is nothing to distribute under a will, assuming the will is valid.