Tony Grbic

Succession.... Re Pechar (deceased): Re Grbic (deceased) [I9691 N.Z.L.R.. 574 a man had killed his wife and one of the issues was whether he was entitled to succeed to any property held by him and his wife as joint tenants. Principles of public policy precluded him from obtaining any benefit from his wife's death, but here it was argued that since they were joint tenants the wife's death had not increased the husband's interest. However Hardie-Boys J. pointed out that the husband had enlarged his rights by removing the joint tenant whose interest was equal to his own. Therefore it was held that although the legal title to any property held by the husband and wife as joint tenants passed to the husband by survivorship, half the property was to be held by him as a constructive trustee for his wife's estate. http://www.austlii.edu.au/nz/journals/OtaLawRw/1970/12.pdf

Also described in the Otago Law Review "F W Guest Memorial Lecture - Unjust Enrichment" by R J Sutton at http://www.austlii.edu.au/nz/journals/OtaLawRw/1982/1.pdf