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I am a member of ACTAPS and see that on so many occasions issues before me could have been resolved at a fraction of the cost if people had taken timely legal advice.
Presumably there was a reason why the house was purchased as tenants in common. I would be surprised if advice was not offered with regard to a Declaration of Trust or the updating of a will.
Why did Mr Martin not divorce his wife at the end of their marriage? Why did he not update his will?
The Ostrich approach is a common one but no-one believes the worst will happen to them despite a string of evidence that it clearly happens to some. The law as it exists is sufficient. The 75 Act is there as a safety net and in the circumstances of this case showed its need and effectiveness. The costs incurred to offer that final assessment and balance are unsurprising given the need to assess the individual circumstances and they could have been avoided.