› Unilateral severance of joint tenancy under s 97 Real Property Act 1900
› Claim of agreement not to sever
POWER OF ATTORNEY - Whether unilateral severance validly occurred - Deceased executed Power of Attorney in favour of second Defendant as substitute attorney - Whether specified attorney was “unwilling or unable to act”
› Whether the second Defendant had power to execute a Statutory Declaration in support of registration of a Transfer by the deceased, unilaterally severing joint tenancy.
REAL PROPERTY - Indefeasibility - Whether s 42 Real Property Act 1900 operated so as create indefeasible title - Claim of statutory fraud.
SUCCESSION - In the alterative, if no valid severance, Cross-Claim by the first Defendant for a family provision order under Chapter 3 of the Succession Act 2006 out of the estate of the deceased
› First Defendant was the wife of the deceased
› If no valid severance, no actual estate, but potential notional estate of half the property which the deceased owned as a joint tenant
› Unnecessary to decide.
Case Details
Citation[2016] NSWSC 1204
CourtNSWSC
JurisdictionNew South Wales
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