Jacob and Leah are a married couple who are joint tenants and own property in the Torrens

title system in Wollongong. On 1 October 2018, Leah is upset after discovering that Jacob is

having an extramarital affair with Rachel. Consequently, Leah moves in with her sister

Emmanuelle on the same day. Leah has also been diagnosed with terminal cervical cancer

and decides to convey her share in the property in fee simple as an express trust to

Emmanuelle as trustee. However, Leah dies on 2 May 2019 before she gives the certificate of

title to Emmanuelle and before she can execute the transfer document in the favour of

Emmanuelle.

On 1 October 2018, Jacob promises Rachel a life estate in the property if she agrees to move

into the property, and look after Jacob by performing housekeeping work for at least seven

months. Rachel fulfils Jacob's request. Jacob has also been diagnosed with prostate cancer

and dies on 2 May 2019. In his will, he bequeaths his entire estate (including the property) to

his beloved son Joseph, who is aware that Jacob is living with Rachel but oblivious to the

promise Jacob made to Rachel. On 3 May 2019, Joseph takes the certificate of title and

immediately registered the property in his name in the Torrens title system.

You are a judge hearing this matter. How would you decide this case?