How does the joint bank account work
The joint account is a type of account which, as the term says, is made out to two or more owners. This specific peculiarity makes it an account much appreciated by couples, families or business partners who want to save on the costs of managing current accounts. In this way, account holders not only find more money in their pockets, but also have easy access to the deposit. Due to this logic, it is assumed that the money deposited is owned by both parties with equal shares. Is it legitimate, therefore, to ask whether the other half deposited is equivalent to a donation to the other co-holder?
When does indirect donation occur?
Imagine, for example, an elderly uncle who co-heads his account with a nephew so that the latter has the freedom to order payments or something else. Or, the case of a husband who co-settles the bill with his wife so that the latter can provide for family expenses independently. Could the joint holders be entitled to call themselves half of the quota?
What happens if my uncle or co-registered spouse dies? Is the money deposited into the joint account current equivalent to a donation? Until proven otherwise, to the extent that the account is jointly signed with separate signature and availability, this can be considered an indirect form of donation. As required by law, indirect donation does not provide for a public act as regulated by art. 782 of the Civil Code This means that, in the event that the sum deposited belongs to a single holder, the other can be considered heir to an indirect donation. It is appropriate, in these cases, to prove that there was animus donandi with liberal intent and that there is no evidence to limit indirect donation.
The rule is valid until proven otherwise
Is the money deposited into the joint account current equivalent to a donation? If it is shown that the joint account had for the sole purpose of better management of the money deposited, then there is no mention of donation. In the case above, the co-registration to the nephew could be functional to the management of the uncle’s money and not to a particular preference. To this extent, one would no longer speak of indirect donation.