The depositor’s will can be clear and convincing evidence to defeat the joint account survivorship feature

In In re Estate of Novosielski, 937 A.2d 449 (Pa. Super. Ct. 2007), the court held that a U.S. Treasury Direct account entitled “A or B” is a joint account governed by the Pennsylvania Multi-Party Accounts Act.

If the creation of a joint account is not consistent with provisions of the depositor’s will, these provisions may act as clear and convincing evidence of the testator’s intent that the account is not to pass to the other joint holder on the testator’s death but is rather part of the testator’s probate estate.

To hold otherwise, the court explained, would be to sanction revocation of a will in a manner inconsistent with state law.