Where a joint relationship or endeavour to purchase property terminates prematurely without fault (such as by the death of one party), the presumption of equality of beneficial ownership applies, and an express intention about survivorship formed at the time of acquisition does not displace that presumption if the specific circumstances that actually arose were not contemplated by the parties. Separately, where proceeds of sale of property the subject of a prescribed transaction under the Family Provision Act 1982 (NSW) are held by solicitors on trust pending proceedings, s 28(5)(c) is technically satisfied but should not be treated as a positive reason for designating notional estate. The phrase 'other special circumstances' in s 28(5)(d) is to be construed broadly and flexibly.
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