Express Trusts Problem Question

CONTEXT: Answer the following questions in the form of an essay for a legal audience (and not a letter of advice to a client with an unknown level of legal knowledge).You will need to refer to the resources raised in the lectures, seminars and textbook on the topic of Express Trusts - including any relevant cases raised in those contexts.If you choose to engage in further academic research beyond these sources, that is welcomed and may improve your discussion, but is not necessary to address the questions.

Problem Question

Dean and Sam Winchester live in Walkerville, SA, in a shared flat that they have been renting together for the past 4 years.Dean is a mechanic, and Sam is a law student, and they are 27 and 22 years old respectively.Both men have been estranged from their father, John, since Sam turned 18 and they moved out of home to their current flat.Their mother died when they were both small.

Dean and Sam are contacted by a partner from Smith & Wesson Lawyers, Joanna Harvelle, who informs them that Dean's boss and good friend of their family, Bobby Singer, who recently died, has left behind some property for them in his will.Bobby had no other surviving relatives or heirs.

Bobby's will provides:

I leave the proceeds of the sale of my home on trust to Dean and Sam, jointly, to be put towards the costs of their education.My executor is to be the trustee, and is empowered to distribute only to Dean and Sam.

I leave my business, Singer Salvage and Auto Repairs, its assets and the land on which it stands on trust for the benefit of Dean.My executor is to be the trustee, and should transfer it to Dean as he reaches his 30^thbirthday, on condition that Dean does not employ his father, John, within the business in any capacity.

I leave my antique Colt revolver and all other guns in my collection at the time of my death on trust for Sam.He can keep or dispose of them as he wishes - he knows more about the darn things than I do.

I give 50% of the residue of my estate to the Animal Welfare League of South Australia Inc.The receipt of the chief executive officer, treasurer, secretary or public officer for the time being of the Animal Welfare League is a sufficient discharge to my executors in respect of this gift.

The other 50% of the residue of my estate is for Charlie Bradbury, for her services as executor of this estate.

At the time of his death, Bobby lived in a caravan on a block of land at 12 Loxton Road, Walker Flat, which he owned, but Dean and Sam know that he considered 'his home' to be at 48 Marlborough St, Brighton, which he also owned.Dean and Sam had spent many hours in that house with Bobby while they were growing up, and were very fond of the place, and explained this to Joanna during their discussions with her.Neither property is subject to any mortgage or other encumbrance, and Joanna adds a note with Dean and Sam's explanation to the file which she prepares for the executor.

Please presume that Bobby's will meets the requirements for probate here in South Australia and is validly witnessed and executed, in writing, and was signed in 2019.Also presume that the executor has taken legal title and possession of all property mentioned above within the estate while undertaking that role, as at the date of writing your response.Please do not address any matters of succession, probate or family law in your answer.

The executor of Bobby's estate is Charlie Bradbury.Please advise Charlie on the following:

QUESTION: 1.John has been in touch about some valuable auto parts which he says Bobby was holding for him at the Singer Salvage business premises.He has no documents or paperwork to support this claim.Dean says that Charlie should "give John whatever he wants, if it will make him go away again."What should Charlie do in relation to Singer Salvage and this request?(30 marks)