Reference no: EM133247059
Amelia, Betty and Chelsea (A, B & C) are sisters. Recently their great-aunt Zara passed away and left her country estate, Windemere, to A, B & C. In her will, Zara stated that Windemere should be held by the sisters 'jointly in equal shares'. Due to an error in the land registry, the certificate of title merely stated, "A, B & C are registered proprietors in fee simple." There was no reference to whether Windemere was to be held by A, B & C as joint tenants or as tenants in common.
A and B moved into Windemere while C maintained her residence
A and B had a disagreement and A changed the locks preventing access to Windemere by B. A provided C with a key but told her not to give a copy to B. B moved to Melbourne and has not spoken to A or B since.
For the last 2 years:
- A has paid all the rates and insurances on the property.
- A has rented out 3 rooms in Windemere for $100 per week.
- A has developed a small winery using grapes that are growing on the Windemere property. The venture has become very successful with a flourishing restaurant and cellar door.
Last week, a thunderstorm damaged Windemere's roof and it will need to be replaced at a cost of $30,000. A paid for the repairs in full. A then contacted B and C asking for a contribution to the repairs.
B and C are reluctant to contribute and, after discussing the right of survivorship with a lawyer friend, decide that if they do, in fact, hold Windemere as joint tenants, they should sever the joint tenancy so the any shares in Windemere would devolve in accordance with their respective wills. Therefore, B and C transfer each other's interest in Windemere to each other. B and C do not tell A what they have done.
Advise A in relation to the following questions:
I need help with answering all questions explain in IRAC method, and using relevant cases and Native Titles
- will B and/or C make a claim on the income A has earned via the restaurant and cellar door? explain in IRAC method, and using relevant cases and Native Titles
- is it possible for A make B and/or C contribute to the roof repairs? explain in IRAC method, and using relevant cases and Native Titles
- Will the actions of B and C in transferring each other's interest to the other have any effect on inheritance of Windemere? explain in IRAC method, and using relevant cases and Native Titles
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: Amelia, Betty and Chelsea (A, B & C) are sisters. Recently their great-aunt Zara passed away and left her country estate, Windemere, to A, B & C. In her will, Z
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