Edwards v Edwards [2023] NSWSC 1067

Edwards v Edwards [2023] NSWSC 1067

The Court was satisfied on the balance of probabilities, having regard to the certificate of conviction, the dismissal of the criminal appeal, the absence of any further High Court appeal, and the defendant's non-opposition, that the defendant murdered the deceased. Because murder engages the forfeiture rule and the Forfeiture Act 1995 (NSW) cannot be used to modify that rule for murder, the defendant could not take the deceased's interests in the jointly held properties by survivorship. Although legal title was affected by survivorship, equity required the defendant to hold a half interest in each property on trust for the plaintiff as administrator of the deceased's estate, warranting...

Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Equity Application by Administrator of Deceased Estate for Declaratory Relief Applying the Forfeiture Rule and Consequential Orders Under S 66 G of the Conveyancing Act 1919 (nsw) / Principal Judgment; Ex Tempore Revised Reasons After Hearing on 1 September 2023
Outcome
Declarations and orders made applying the forfeiture rule and appointing trustees for sale of the properties.
Legal Topics
['forfeiture Rule' 'joint Tenancy and Survivorship' 'constructive Trust' 'trustees for Sale' 'section 66 G Conveyancing Act 1919 (nsw)']
['succession' 'equity' 'property Law'] ['forfeiture Rule' 'joint Tenancy and Survivorship' 'constructive Trust' 'trustees for Sale' 'section 66 G Conveyancing Act 1919 (nsw)']

Case Brief

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Procedural Posture

Equity Application by Administrator of Deceased Estate for Declaratory Relief Applying the Forfeiture Rule and Consequential Orders Under S 66 G of the Conveyancing Act 1919 (nsw) / Principal Judgment; Ex Tempore Revised Reasons After Hearing on 1 September 2023

Legal Issues

  1. 1 ['Whether the defendant unlawfully killed the deceased by murder for the purposes of the forfeiture rule.' "Whether the forfeiture rule precluded the defendant from taking the deceased's interests in three jointly held properties by right of survivorship." "Whether the defendant held a half interest in each property on trust for the plaintiff as administrator of the deceased's estate." 'Whether trustees for sale should be appointed under s 66G of the Conveyancing Act 1919 (NSW).']

Ratio Decidendi

The Court was satisfied on the balance of probabilities, having regard to the certificate of conviction, the dismissal of the criminal appeal, the absence of any further High Court appeal, and the defendant's non-opposition, that the defendant murdered the deceased. Because murder engages the forfeiture rule and the Forfeiture Act 1995 (NSW) cannot be used to modify that rule for murder, the defendant could not take the deceased's interests in the jointly held properties by survivorship. Although legal title was affected by survivorship, equity required the defendant to hold a half interest in each property on trust for the plaintiff as administrator of the deceased's estate, warranting...

Court Disposition

Declarations and orders made applying the forfeiture rule and appointing trustees for sale of the properties.

Orders

  • ['Declare that on or about 14–15 March 2015, John Wallace Edwards unlawfully killed the late Sharon Margaret Edwards.' "Declare that the defendant is precluded from having the deceased's interest in the land at Neill St, Lawrence, Pringles Way, Lawrence, and Riverdale Court, Grafton pass to him under the right of...