sec.28Construction of disposition of property to 2 or more persons

### sec.28 Construction of disposition of property to 2 or more persons A disposition of an equitable interest in property, whether with or without a legal interest in the property, to 2 or more persons together beneficially takes effect as a disposition to the persons as tenants in common, and not as joint tenants. Subsection (1) does not apply to— a disposition to 2 or more persons that provides the persons are to take as joint tenants; or a disposition to 2 or more persons as administrators, executors, mortgagees or trustees; or a disposition to 2 or more persons carrying on business in partnership for partnership purposes. Subject to the Partnership Act 1891 or any agreement to the contrary, a disposition of property to 2 or more persons carrying on business in partnership for partnership purposes takes effect as— a disposition of the legal interest, if any, in the property to the persons as joint tenants; and a disposition of the equitable interest, if any, in the property to the persons as tenants in common. In this section— disposition includes a disposition that is wholly or partly oral. (sec.28-ssec.1) A disposition of an equitable interest in property, whether with or without a legal interest in the property, to 2 or more persons together beneficially takes effect as a disposition to the persons as tenants in common, and not as joint tenants. (sec.28-ssec.2) Subsection (1) does not apply to— a disposition to 2 or more persons that provides the persons are to take as joint tenants; or a disposition to 2 or more persons as administrators, executors, mortgagees or trustees; or a disposition to 2 or more persons carrying on business in partnership for partnership purposes. (sec.28-ssec.3) Subject to the Partnership Act 1891 or any agreement to the contrary, a disposition of property to 2 or more persons carrying on business in partnership for partnership purposes takes effect as— a disposition of the legal interest, if any, in the property to the persons as joint tenants; and a disposition of the equitable interest, if any, in the property to the persons as tenants in common. (sec.28-ssec.4) In this section— disposition includes a disposition that is wholly or partly oral. - (a) a disposition to 2 or more persons that provides the persons are to take as joint tenants; or - (b) a disposition to 2 or more persons as administrators, executors, mortgagees or trustees; or - (c) a disposition to 2 or more persons carrying on business in partnership for partnership purposes. - (a) a disposition of the legal interest, if any, in the property to the persons as joint tenants; and - (b) a disposition of the equitable interest, if any, in the property to the persons as tenants in common.