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Confiscation of Criminal Assets Act 2003
106Effect of death on joint ownership
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106 Effect of death on joint ownership
(1) This section applies to property that is jointly owned if any of the
owners die while the property (including any interest in the property)
is subject to a restraining order.
(2) If the property was held by the dead person as a joint tenant, the
person’s death does not vest the person’s interest in the property in
the surviving joint owner.
(3) If the property was held by the dead person as a tenant in common,
the dead person’s interest must not be transferred to anyone else
because of the person’s death.
Examples of prohibited transfers
The dead person’s interest must not be transferred to an executor or administrator,
or to a beneficiary under the dead person’s will or under intestacy.
(4) The restraining order continues to apply to the property as if the
person had not died.
(5) An automatic forfeiture of any interest of the dead person in the
property, or a forfeiture order made in relation to the interest, applies
as if the interest were forfeited immediately before the person died.
Note 1 A registered interstate automatic forfeiture decision is taken to be an
Note 2 A registered interstate forfeiture order is taken to be a forfeiture order
(6) If the restraining order stops applying to the property without it being
forfeited under this Act, this section is taken not to have applied to
the property.