Do Joint Bank Accounts Go Through Probate in BC?

Short answer: a true joint account with right of survivorship passes directly to the surviving holder and skips probate. But there's a major BC-relevant exception when the joint holder is an adult child.

Spouses: joint accounts between spouses almost always pass to the survivor automatically. The bank typically just needs the death certificate.

Adult children — the trap: when a parent adds an adult child to an account, Canadian law presumes the child holds the money in trust for the estate (the resulting trust presumption) unless there's clear evidence the parent intended a true gift of survivorship. That means the money may belong to the estate — and other beneficiaries can demand it back.

What to actually do:

1. Survivor (spouse): take the death certificate to the bank; the account converts to your name.
2. Survivor (adult child): don't spend it. Look for evidence of intent (bank forms, letters, the will). Tell the executor. If intent is unclear, get legal advice before treating it as yours.
3. Executor: identify every joint account and the intent evidence; these are flashpoints for disputes and wills-variation claims.

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Foxglove is a guide, not a law firm. General information, not legal advice; forms and rules change — confirm current requirements with the Supreme Court of BC, the official BC government forms page, or a qualified BC professional. Find vetted BC help →