Change In Land Ownership

Summary

In New South Wales, changing property ownership from joint tenants to tenants in common requires consent from both parties. Both must sign the Transfer Severing Joint Tenancy form, and proper notification is essential. If one party is incapacitated and did not consent, the change can be contested. Legal capacity is crucial in such transactions. Consider seeking legal advice to explore contesting the change.

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Please expand on the key points
Sure, here are the expanded key points regarding the change from joint tenants to tenants in common in New South Wales:
- Consent Requirement: Both parties (your mother and your father) must give their consent to change the ownership structure from joint tenants to tenants in common. This typically involves signing the necessary documents.
- Transfer Severing Joint Tenancy Form: This form must be completed and signed by both parties to effect the change. It is a legal requirement that ensures both parties are aware and agree to the change.
- Notification: All parties involved must be properly notified about the change. Your father should have received a notice informing him of the change. If he didn't receive this notification, it might be considered a procedural flaw.
- Capacity to Consent: If your father was incapacitated due to his medical condition and did not have the capacity to understand or consent to the change, this could be grounds to contest the change. Legal capacity is crucial in such transactions.
Would you like more information on how to proceed with contesting the change, or do you need assistance with another aspect of this case?