The Creation of Joint Accounts with Survivorship Rights After Execution of a Will Cannot Alter the Will

In Pennsylvania, after executing a will which divided her probate estate equally among her children, the testatrix created several joint bank accounts with rights of survivorship with herself and one of her children as the joint holders. After the testatrix’s death, the other children challenged the exclusion of the joint accounts from the probate estate. The court In re Estate of Piet, 949 A.2d 886 (Pa. Super. Ct. 2008), held that to apply the presumption of ownership in the surviving joint holder would revoke the preexisting will in a manner not allowed under the will revocation statute.