410 S.E.2d 17 | S.C. Ct. App. | 1991
Because no writing was filed with-First National indieating a contrary intention, the courts below held the certificate belongs to Childs as the surviving party of the joint account. In doing so, the courts below relied on S.C. Code Ann. § 62-6-104 (1987 & Supp. 1990) of the revised probate code. The statute, which, as amended by 65 STAT. Act No. 171 § 70, at 2053 (1987), became effective on July 1, 1987, provides in part:
(a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is a writing filed with the financial institution at the time the account is created (or subsequently as provided under § 62-6-105) which indicates a different intention____
(f) The provisions of § 62-6-104(a) . . . are applicable to all multiple-party accounts created subsequent to the effective date of this section, and unless there is clear and convincing evidence of a different intention at the time the account was created, to all multiple-party accounts created prior to the effective date of this section.
The plain language of § 62-6-104(f) makes a distinction between accounts created after the effective date of the statute, as this one was, and those created before that time. The language of the revised probate code clearly indicates the legislature intended to prescribe only one method by which the do-native intention of a party to a joint account, who later dies, could be rebutted where the account was created after the effective date of § 62-6-104. Cf. Chestnut v. South Carolina
There being, then, no genuine issue of material fact regarding the ownership of the certificate, the circuit court properly affirmed the probate court’s grant of summary judgment to Childs. See United States Leasing Corporation v. Janicare, Inc., 294 S.C. 312, 364 S.E. (2d) 202, 204 (Ct. App. 1988) (“Summary judgment should be granted when it is clear that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.”). Accordingly, the judgment is
Affirmed.