Banking Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6371
AN ACT CONCERNING THE PRESUMPTION OF OWNERSHIP IN JOINT BANK
Title: ACCOUNTS.
Vote Date: 2/23/2021
Vote Action: Joint Favorable
PH Date: 2/9/2021
File No.: 71
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Banking Committee
REASONS FOR BILL:
The original text in Section 1. Subsection (b) of section CGS 63a-290 provides the courts little
flexibility to make an alternate determination to the intent of the deceased depositors other
than to give the assets to the joint account survivor. There have been reported instances
where the intent of the deceased depositor was not met, and the survivor was wrongfully
given full access to the remaining assets due to the failure from the courts to meet the high
onus of proof to the contrary. This bill will repeal and replace this language, lessening the
evidence requirement to overturn this presumption and making it easier for courts to protect
the intent of the deceased depositors from inappropriate use of the joint account.
The original version of the bill was intended to protect the intent of the deceased depositor
from inappropriate use of the joint account by distributing the assets elsewhere if it met a
clear and convincing evidence to the contrary standard.
RESPONSE FROM ADMINISTRATION/AGENCY:
None Expressed
NATURE AND SOURCES OF SUPPORT:
Malcom F. Barlow, Estate Planning Attorney, Malcom F. Barlow Attorney at Law: Mr.
Barlow testified his concern that the presumption as currently stated in CGS 36a-290 does
little to take into account the deceased depositor. Mr. Barlow supports this new language
because it, while not completely fixing the casual creation of joint accounts, will result in
added protection to the intent of the principal after death.
NATURE AND SOURCES OF OPPOSITION:
None Expressed
Reported by: Kyle Del Balso / Dawn Marzik Date: March 23, 2021
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