Question
From about 2007 to 2012 brothers Peter and Robert were joint tenants of a Torrens title property in Sydney which was used as commercial office
From about 2007 to 2012 brothers Peter and Robert were joint tenants of a Torrens title property in Sydney which was used as commercial office space. Robert suspected that his wife Sybil was about to divorce him and so, in an attempt to place the property out of her reach he orally agreed with his brother Peter that he would transfer his share of the property into Peter's name. The idea was that while Peter held the property as sole registered proprietor, he (Peter) would use it as security for a loan from the bank of $450,000 and that this money would be paid to Robert.
Robert says that at the time, the conversation between them was along the lines of "I'll transfer the property to you as security for the loan ... in case anything should happen to either of us" and that Peter replied "OK ... Well if anything happens to me your half will always be yours, subject to you repaying the $450,000 with interest." Over the next few years the following events took place:
1. In 2012 Robert gave Peter a Transfer in registrable form of his share of the land in favour of Peter and after this and the Certificate of Title were lodged with the NSW Land Registry Services Peter became the sole registered proprietor.
2. Over the next 5 years Robert repaid the full $450,000 loan to the bank.
3. In 2013 Peter granted a lease of the premises to ABC Pty Ltd. The term of the lease was expressed to be "until my brother Robert's divorce is finalised".
4. Robert and Sybil decided not to get divorced and were living together happily when, at the end of 2017 Peter and Robert had a violent fight which resulted in Peter's death. Robert was tried for Peter's manslaughter but was found not guilty.
Questions
1. Peter's will left all of his real and personal property to his widow Gina. Advise Robert as to whether he is entitled to any share of the Sydney property.
2. Advise ABC Pty Ltd as to the validity of its lease
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