Wang v Copko [2008] NSWSC 736

In this case the borrower signed a transfer to his de facto making her a joint tenant. However he then died before it was registered. The lender refused to present the Certificate of Title so that the transfer could be registered until it was paid out and probate was obtained. The court noted that a transfer signed by a dead person had no effect and accordingly made a vesting order vesting the property in the de facto wife and gave leave for the lender to be joined so it could be ordered to produce the Certificate of Title.

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