AFTER Nigel died, his iconic family property was left to his two surviving nephews, Alex and Ben.

The property was transferred to Alex and Ben as joint tenants.

Alex lived in the property for ten years, but as his circumstances changed, he became eager to sell it and use the proceeds to start a new chapter in his life.

He wanted to travel and eventually relocate permanently.

Ben, who lived interstate, was deeply upset by Alex’s decision to sell.

He wanted to keep the property as a family heirloom and a holiday destination.

Ben envisioned growing old in the house and wished for his children to enjoy it as he had.

Despite numerous attempts to reach an agreement, Alex and Ben remained firm in their opposing positions and the situation seemed irreconcilable.

Faced with this deadlock, Alex decided to explore the possibility of a Section 66G application.

This action allows a co-owner to make an application to the Court to appoint trustees to sell the property when the parties cannot come to an agreement.

An added benefit for Alex was that if the property were sold, he would receive 50 percent of the sale proceeds.

Otherwise, if the joint tenancy remained, the rule of survivorship would apply, meaning that upon the death of one co-owner, the surviving co-owner would automatically become the sole owner of the whole property.

In Court, Alex argued that the property should be sold, as he was the only one maintaining it, and it was negatively impacting his finances and his future plans.

Ben, on the other hand, contended that the property should not be sold, emphasising its status as a 115-year-old family heirloom with deep sentimental value.

The Court ordered the sale, thus ensuring that Alex’s financial interests are safeguarded while allowing Ben the opportunity to honour the property’s legacy in a different manner, perhaps through purchasing Alex’s share or creating new family traditions.

Thank you to Anthony Fogarty for his assistance with this column.

Email Manny Wood, principal solicitor at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This fictional column is only accurate at today’s date and cannot be relied upon as legal advice.

By Manny WOOD, Solicitor