Charles actions. Therefore, Fiona would receive indefeasible title as the joint tenancy had not been vitiated by fraud as it was not brought home to both tenants. Fiona’s title does become defeasible in the second transaction because the $1 consideration Fiona provides does not constitute valuable consideration, and Fiona would be assisting Charles in fraud.The company will be successful in attacking Fiona’s title because the second transaction caused Fiona’s title to be defeasible as her indefeasible title had been vitiated by her involvement in fraud.3. Kyle and Jan live in a Torrens title property in the Sydney suburbs. They own the property as joint tenants and it is unencumbered. Kyle’s business is looking shaky and so Jan decides to change her will so that she can leave her half of the property to her son from her first
marriage, Evan, just to make sure that he will receive something. She visits a solicitor who advises her that she will need to change her title to that of a tenant in common before she can leave the property by will. He has her execute a transfer of her share of the property to herself. He tells her that she needs to bring in the Certificate of Title (which is kept in her desk at home) for the purpose of registering the transfer. He then puts the Transfer in her file to wait until she brings in the CT.Kyle also has plans for the property. He tells his workmate, Sally that he wants to put the property into Sally’s name just in case things go bad. Kyle executes a standard form Transfer in favour of Sally which he signs. He also forges Jan’s signature onto the Transfer. He lodges this and the CT, which he has taken from Jan’s desk, for registration. 2 days later, the transferis registered and he collects the new Certificate of Title which now shows that Sally is the registered proprietor. Sally is a little suspicious that perhaps Kyle is not telling her the truth about the house but can’t see that she has done anything wrong by agreeing to have the housein her name.When Jan can’t find the Certificate of Title in her desk drawer she flies into a rage and starts shouting at Kyle. He becomes frightened and pushes her over the balcony to her death. When Sally finds out, she decides that she wants nothing further to do with Kyle. She is planning to sell the house and donate the money to charity.Evan asks for your advice. He says that his mother’s will leaves him her half of the house andhe wants to know what his rights are. AnswerThe issues raised in this case are has Jan successfully severed the joint tenancy by intending to gift the property to Luke by declaration of trust, has Sally committed fraud creating an exception of indefeasibility, and will the unlawful killing of Jan sever the joint tenancy.