Gift or mandated by Will

[Stevenova]

My widowed Mother passed in November 2022 with a will mandating all property and financial accounts be divided equally between my sibling and myself. I am the executor of the estate. Two of the three bank savings accounts listed my name as "Joint with Right of Survivorship". By providing my sibling 1/2 of these two accounts, is it termed a Gift from me? Or, does the will take precedence? Any assistance is much appreciated. Thank-you

[Anonymous_ · Accepted solution]

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@Stevenova wrote:

By providing my sibling 1/2 of these two accounts, is it termed a Gift from me? Or, does the will take precedence? 

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Yes, that would be considered to be a gift from you (the will does not take precedence).

The interests in the joint accounts passed to you by operation of law as of the date of your mother's passing, outside of the will. 

I am very sorry for your loss.

[Stevenova]

Thank-you for the timely response. This is the direction I needed to confirm.