Any assets that are truly joint should pass by right of survivorship to the surviving joint owner. In most cases, assets held jointly between spouses will pass this way and would not need probate to be administered.
Generally speaking, real property held in a joint tenancy may pass to the surviving joint tenant without probate and does not form part of the estate. However, when a Deceased person adds their child or grandchild on title to real property, the law in fact presumes this recipient owner holds the asset ‘in trust’ for the original owner (if the child/grandchild received their interest for free). You should obtain legal advice on whether the real property is ‘truly’ joint.
Similarly, when a Deceased person adds their child, relative, friend or personal representative (ie. power of attorney) to a bank account for practical administration purposes – unless the secondary account holder can prove it was the Deceased’s intention, in adding them on, that they receive the full benefit of those accounts (namely, it was a gift), there is a presumption of resulting trust which exists on the accounts meaning the law presumes this recipient holds the asset ‘in trust’ for the original owner. Note: this does not include bank accounts where each account holder contributed equally to the account.
Typically, joint assets that are truly joint are not included in an estate grant application; however, you should always consult a lawyer to confirm whether the asset is ‘truly’ joint because the legal determination may be different from how the bank treats the asset for practical purposes.
