Stoeckert v Geddes (Jamaica)  UKPC 54 (14 December 2004)
Privy Council Appeal No. 56 of 2003
Helga Stoeckert Appellant
Margie Geddes (Executrix of the estate of Paul Geddes) (No 2) Respondent
THE COURT OF APPEAL OF JAMAICA
JUDGMENT OF THE LORDS OF THE JUDICIAL
COMMITTEE OF THE PRIVY COUNCIL,
Delivered the 14th December 2004
Present at the hearing:-
Lord Scott of Foscote
Lord Rodger of Earlsferry
Baroness Hale of Richmond
[Delivered by Lord Hoffmann]
"entitled to one half (or such other proportion) of the sum representing the balances in all the bank accounts held in the joint names of [herself] and the defendant as of 16th April 1991."
"… the addition of her name as a signatory to his bank accounts abroad only evidences his facilitation of her ability to access those accounts whenever she was overseas and she so desired."
In other words, so long as Mr Geddes allowed the arrangement to continue, Ms Stoeckert had the power to draw on the accounts for whatever she wanted. But that did not give her a beneficial interest in the undrawn funds so as to prevent Mr Geddes from revoking the power.
"The question of the interests of the parties in the joint bank accounts was not directly raised as an issue in the appeal. The existence of these accounts was only referred to as an evidential matter from which inferences might be drawn as to Mr Geddes's intentions…. Neither the judgment nor the Order should be regarded as determinative of the interests of the parties in the bank accounts in question."