Yes, a right of survivorship bank account can be challenged — but only if you have both standing and valid grounds.
You may have standing if you have a financial stake in the challenge. For example, if successfully invalidating the survivorship designation would cause the funds to pass to you as an heir under intestate succession or as a beneficiary through a will or trust, you would have the right to contest it.
Valid grounds generally include fraud, undue influence, lack of capacity, lack of due execution, mistake, forgery or evidence of contrary intent.
Suppose a parent adds one child to a joint account for convenience but later creates a trust directing that all assets, including that account, be divided equally among all children. In such a case, the siblings of the child on the joint account might present the trust as evidence that the decedent did not intend for the joint account holder to inherit the entire account balance. If the court finds sufficient evidence supporting the claim, it may order that the account be pulled into the estate and distributed according to the decedent’s estate plan.
