Section 26 — Conveyancing Act 1919 (NSW)

(1) In the construction of any instrument coming into operation after the commencement of this Act a disposition of the beneficial interest in any property whether with or without the legal estate to or for two or more persons together beneficially shall be deemed to be made to or for them as tenants in common, and not as joint tenants.
(2) This section does not apply to persons who by the terms or by the tenor of the instrument are executors, administrators, trustees, or mortgagees, nor in any case where the instrument expressly provides that persons are to take as joint tenants or tenant by entireties.

Related sections

• s 23K — Transactions
• s 24 — Person may assure property to himself or herself, or to himself or herself and others
• s 25 — Power for corporations to hold property as joint tenants
• s 27 — Tenants in common of equitable estate acquiring the legal estate
• s 28 — Release and disclaimer of powers
• s 29 — Appointments to be valid notwithstanding one or more objects excluded

Research how courts apply s 26

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.