Lail v. Lail

Holding

The court held that the conclusive presumption of survivorship rights under a joint tenancy bank account, as provided by the Bank Act, applies only to funds remaining in the account at the time of a depositor's death and does not extend to funds withdrawn during the depositor's lifetime. The court further held that a confidential relationship existed between the defendant and the decedent, triggering the presumption under Civil Code section 2235 that any transaction from which the fiduciary obtained an advantage was entered into under undue influence and without sufficient consideration, a presumption the defendant failed to rebut.