Q: What quailifies somone as a convinice oerson on a joint account. Does it have to be expressly stated?
Can the role of convenice person be presumed based on who added money to the account and how it was used if nothing was expressly stated in the account agreement?
A: If two person's names are listed as joint account holders, and there is no designation otherwise, the law presumes the account is joint owners with right of survival, and both account holders have equal access to the funds from the bank's perspective. However, if there is an agreement between the account holders that the second account holder was added solely for convenience to assist the first account holder to manage their money, then there may be a basis to impose a trust or fiduciary relationship, or to enforce the agreement as between the two account holders that the money remains the first account holder's property. Evidence is necessary to prove that, and there is no specific amount or quality of evidence, as such evidence takes the form of whatever there is that supports the claim. The question is, what is the nature, reliability and persuasiveness of that evidence? The person claiming the arrangement is other than joint ownership of the funds has the burden of producing that evidence, and of persuading the fact finder (judge or jury) of what that evidence proves.
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