Question
land law Wendy and Henry, a couple, bought two houses (House A, and House B) in Hamilton. At the time when they purchased the houses
land law
Wendy and Henry, a couple, bought two houses (House A, and House B) in Hamilton. At the time when they purchased the houses they simply instructed the solicitor to register them as the co-owners.
Four months ago, Wendy met a handsome skiing coach, Teddy. She spent a lot of money in skiing activities. She borrowed $200,000 from Easy Finance Ltd (Easy) to fund her skiing and holidays with Teddy. She also needed more money because she was planning a 'big holiday trip' to Switzerland with Teddy. Unknown to Henry, Wendy signed an agreement with Easy to 'transfer absolutely all of her interest in the House A' to Easy, in exchange for a 'full and final discharge of all Wendy's debts currently owed to Easy', plus a further payment of $300,000 from Easy.
Last month, Wendy duly, in formality and procedural matters, executed a will, by which she left 'her share in House B' to her niece, and 'all the rest of her estate' to Henry. A week later, Wendy and Teddy flew to Switzerland. Unfortunately they both died in a helicopter accident there. Easy went to the Court for an order for the sale of the House A.
Advise Henry as to his entitlements in respect of the two houses.
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