NSW Trustee v Gregory [2012] NSWSC 681

A co-owner died and NSW Trustee, as executor of the estate, attempted to notify the remaining co-owner of proceedings for an order for sale of the property.

The law
As a general rule, any co-owner holding at least 50% of a parcel of real property is entitled almost as of right to an order for partition or sale under section 66G of the Conveyancing Act. It is only in situations where it would be inequitable that the order may be refused.

The court found that the executor was co-owner and so entitled to apply to the court for an order that the property be held upon statutory trust for sale but allowed a month for the writ of possession to be executed and for the co-owner to buy the property.

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