Corinne Griffin & Co v Fraser

In Corinne Griffin & Co v Fraser, the dispute arose between the solicitors for the deceased husband and the surviving wife, concerning the status of funds held in trust following the sale of their matrimonial home. The case was heard in the Supreme Court of Western Australia. The solicitors for the deceased husband sought directions from the court regarding the distribution of the trust funds, while the surviving wife argued that the joint tenancy in the matrimonial home had been severed, and that she was entitled to the full proceeds of the sale as a tenant in common with her deceased husband.

The legal issues before the court involved determining the nature of the joint tenancy in the matrimonial home, whether it had been severed by the course of conduct, and whether the surviving wife's right of survivorship subsisted. Additionally, the court had to decide whether the solicitors were justified in distributing the trust funds received from both parties.

The court found that the joint tenancy had indeed been severed by the course of conduct, as the husband and wife had agreed to hold the proceeds of the sale in trust. Consequently, the funds were held as tenants in common. The court also held that the surviving wife's right of survivorship had been extinguished by the joint agreement to hold the funds on trust. Given these findings, the court provided judicial advice that the solicitors were justified in distributing the funds in accordance with the terms of the trust and the separate written authority instruments signed by both parties. The court's decision turned on the unique facts of this case, emphasising the importance of clear communication and documentation in such circumstances.