You are the solicitor for the Goldstone City Council (a fictional local authority in Queensland). You head the property law division of Council, under the direction of the Head Legal Counsel. Your Head Legal Counsel has asked you to provide a written response to her in respect of the following matter: In 2014, a wealthy local citizen, Mr. Robert Kennedy, died. Clause 5 of his Will provides:- “I GIVE AND BEQUEATH the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) to my trustee, the said James Stewart, to establish a fund for the intercultural education of my grandchildren within the Asia-Pacific region AND I DECLARE that the fund so created shall be utilised towards the costs of travel and accommodation within that region and the costs of the educational process, which process shall include the learning of languages of the said region AND I FURTHER DECLARE that the suitability of such expenditure shall be determined by my said Trustee.” Clause 6 of the Will is a residuary clause which provides that if the bequest in Clause 5 should fail, then it shall be paid to the Goldstone City Council. Robert had one son, Dean who was 60 years old when Robert died and still survives. Dean has no children. You have been asked to advise your Head Legal Counsel how the Council might obtain the funds in clause 5 of the Will, now or in the future. In responding, you must clearly refer to, and apply, statutory provisions supporting your opinion. In writing your answer, you can assume that your Head Counsel is well aware of the laws involving the various Local Government Acts including Town Planning, the Trusts Act and the Succession Act. Your opinion has been sought as an expert in property law only and you should advise only on that basis. Therefore, do not advise on any matter outside this ambit unless absolutely essential to your property law advice. Your Property Law subject Course Content, selected readings, cases, textbooks, and journal articles will guide your answer.
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