LAW3402 Study Guide - Final Guide: Australia And New Zealand Banking Group, Unconscionability, Counterclaim
Document Summary
Declaration regarding adrian"s interest at the time of his death. As adrian(cid:495)s executor, emma will seek to argue that adrian was a tenant in common at the time of his, so that the rule of survivorship as it applies to joint tenants will not operate. At law, both adrian and bryce are registered as joint tenants of the property. Therefore, they hold the legal fee simple as joint tenants. Since the facts inform us that they are jts, we can assume that the 4 unities are present, and that there are no words of severance present. Equity normally follows the law and presumes that jts at law are jts in equity, but this position can be altered by evidence to the contrary. Since it is apparent that at the time of adrian(cid:495)s death, no instrument was brought to sever the jt at law, emma will seek to establish that adrian was a tc at equity.
