Can the testator will away a joint bank account?
Joint bank accounts may not be able to will away. There are some uncertainties surrounding the issue of survivorship clause in joint bank accounts. Firstly, Mr. G. Raman is of the opinion that if the mandate is given to the bank when opening the account says that upon death of the one of the account holder, the surviving account holder will be entitled to the moneys standing to his/her credit in that account. However this is arguable. In light of the uncertainties surrounding this issue, firstly it is not advisable to will away a joint account to a third party other than the other joint account holder even though the other joint account holder has contributed nothing to the account, unless there is an understanding and trust between the joint account holders to respect the wish of the testator to give the joint account to a third party. Secondly, if a joint account has a survivorship clause it does not automatically benefit the surviving joint account holder then it may be advisable to
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