A joint bank account held by parents and a child
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Question: I live abroad and my sister lives in Israel. My elderly parents added my sister as a joint holder of their bank account, and she manages their money for them. Could my sister claim that she jointly owns the account and deprive me of my inheritance after my parents have lived out their lives?
Answer: Case law distinguishes between a bank account opened jointly from the outset by two or more holders and an account opened by one person, who deposits their own money and adds another person only later. In this case, your sister was added to the account at a very late stage. According to case law, because the money initially belonged exclusively to one of the account holders, for half of it to pass to your sister, who joined the account without providing anything in return, she must prove that your parents expressly intended to give her a gift under the Gift Law, 5728–1968. If the matter reaches court, your sister will have to prove your parents' settled intention to make that gift. If she fails to discharge the burden of proof—a heightened burden, as established in case law—she will not be recognized as a joint owner of the funds in the bank account.