Managing Joint Bank Accounts During Succession

Facing the loss of a family member is a delicate time, often complicated by bureaucratic and financial matters that require clarity and expertise. One of the most frequent issues heirs find themselves having to manage concerns joint bank accounts with the deceased. Confusion often arises regarding what portion of the deposited sums should enter the inheritance estate and what portion, instead, rightfully belongs to the surviving joint account holder. As an expert lawyer in succession in Milan, Avv. Marco Bianucci understands the emotional and technical difficulties of this situation and offers targeted legal support to ensure the division of assets occurs in full compliance with the law and the deceased's wishes.

The Legal Framework: Presumption of Equality and Proof to the Contrary

According to Italian law, and specifically Article 1298 of the Civil Code, in joint accounts (such as a bank or postal current account), the shares of each holder are presumed to be equal. This means that, in the absence of proof to the contrary, the account balance is considered to be 50% owned by the deceased, while the other 50% remains the property of the surviving joint account holder and does not fall into the inheritance. However, it is crucial to emphasize that this is a rebuttable presumption (iuris tantum), meaning it is valid only until proven otherwise.

Case law has clarified that the mere formal co-ownership of an account does not automatically imply a donation of the money to the other holder. If it can be demonstrated that the account was solely funded by the deceased's income or savings (e.g., pension or salary), the presumption of equality can be overcome. In such cases, the entire balance must be considered part of the inheritance and divided among all legal heirs, excluding undue claims by the joint account holder who did not contribute to the funds.

The Bianucci Law Firm's Approach to Reconstructing Assets

Avv. Marco Bianucci, operating as an expert lawyer in succession in Milan, adopts an analytical and rigorous method to protect the rights of heirs in the presence of joint accounts. The objective is to reconstruct the substantive truth of the banking relationships, going beyond the mere formal appearance of co-ownership. The firm's strategy is based on a thorough analysis of banking documentation and financial flows.

Specifically, the intervention focuses on identifying the origin of the deposited sums. Through the examination of historical bank statements, Avv. Marco Bianucci works to demonstrate the potential absence of animus donandi (intent to donate) by the deceased towards the joint account holder. If it emerges that the co-ownership served a purely practical purpose (e.g., to facilitate expense management for an elderly parent), the Firm acts to reintegrate the entire amount into the inheritance estate. This approach, based on objective data and a solid understanding of succession law, aims to resolve disputes, where possible amicably, or to defend the heirs' rights in the appropriate forums.

Frequently Asked Questions

What happens to a joint account immediately after death?

Generally, the bank freezes the portion attributable to the deceased (presumably 50%) pending the declaration of succession, while the other half remains available to the surviving joint account holder, unless otherwise stipulated or opposed by heirs claiming exclusive ownership of the sums belonging to the de cuius.

How can it be proven that the money in the account belonged only to the deceased?

Rigorous proof is required that the account was funded exclusively by the deceased's income (pension, salary, personal earnings) and that the joint account holder did not deposit their own funds. Avv. Marco Bianucci assists clients in collecting and analyzing bank statements and tax documents to establish this proof.

Can the joint account holder withdraw all the money before the succession?

Technically, if the account is a joint and several account, the joint account holder could operate it. However, if they withdraw sums exceeding their actual ownership share, the heirs have the right to take legal action to recover the amounts improperly removed from the inheritance estate.

Are the deceased's debts also borne by the joint account holder?

The joint account holder is not liable for the deceased's personal debts with their own assets, but the portion of money belonging to the deceased present in the account can be seized by creditors within the succession proceedings.

Protect Your Inheritance Rights

Issues related to succession and bank accounts require careful analysis to prevent assets from being dispersed or unjustly taken from legal heirs. If you find yourself having to manage a succession with joint accounts and desire clarity on the distribution of funds, rely on the expertise of Avv. Marco Bianucci. We receive at our office in Milan, at Via Alberto da Giussano 26, to examine your case and define the most appropriate strategy.