Andrew Ph Yn ('Andrew') is 86 years old and immigrated to Australia from Vietnam. He has a limited understanding of written English, but speaks English with reasonable fluency. Andrew trusts his son Joseph in all matters relating to his personal affairs. Joseph runs a Vietnamese restaurant in Richmond, Victoria. Unfortunately Joseph's restaurant is not going well, and he is in serious financial difficulty. He has many debts. Joseph has spoken many times with his bank manager, but the bank has decided not to lend him any more money. Joseph spoke with his father, Andrew, about his financial problems and Andrew was very sympathetic and began to worry a lot about his son's financial future. The following week, and without any prompting from Joseph, Andrew transferred to Joseph the title to his house and land in Fitzroy, which is worth approximately $300,000. The title was registered in Joseph's name. The next day, Joseph visited his bank manager, who was pleased to learn about his new wealth. The bank was so pleased, in fact, that they immediately lent Joseph $50,000 and Joseph agreed to execute a mortgage over the house and land. This money was immediately paid out by Joseph to his many creditors, reducing his debt level to zero. Before the mortgage was registered, Andrew died. Andrew's will provided that: "All of his property should be divided in equal shares between Joseph, his son, and his daughter, La Vang." The house and land were the only assets in Andrew's estate. Andrew's executors became aware of the above matters and decided they would try to recover the house and land. In the meantime, they lodged a caveat to prevent registration of the mortgage. Advise the executors whether, and on what basis, they can recover the house and land and whether it would be free (or not) of the mortgage. Give authority for your answer.