| Interim Trimester 1, 2023 Online | |
| Units : | 1 |
| School or Department : | School of Law and Justice |
| Grading basis : | Graded |
| Course fee schedule : | /current-students/administration/fees/fee-schedules |
Staffing
Course Coordinator:
Requisites
Pre-requisite: (LAW5213 and LAW5223) or LAW5214
Enrolment is not permitted in LAW6422 if LAW3422 has been previously completed
Overview
This is an elective course in the Juris Doctor program. It provides students with opportunities to learn legal drafting skills, in addition to knowledge of the legal principles relevant to this area of law.
Succession law is an important area of legal practice as it deals with what happens to a person's estate on the death of that person, including questions such as:
1. How are wills made, changed and interpreted?
2. When and why should a testator's will be subject to challenge?
3. To what extent should a testator be obliged to make provision in his or her will for certain classes of people (such as spouses and children)?
4. What happens when a person dies without a will?
5. How is a deceased estate administered?
In addition to considering these questions and the topics set out below, the course includes introductory skills in legal drafting and aims to give students a basic awareness of some of the other relevant issues in this area, such as the proposals for uniform succession laws, taxation considerations and issues surrounding superannuation.
Course learning outcomes
On successful completion of this course students should be able to demonstrate the following outcomes:
- Demonstrate an advanced and integrated understanding [explain and apply] of a complex body of knowledge [relevant to succession law], and underlying principles and concepts; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1).
- Demonstrate an advanced and integrated ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise in [the context of succession law], and a developing ability to exercise professional judgment (PO2/TLO2).
- Identify and articulate complex legal issues [relevant to succession law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
- Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions relating to succession law, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues (PO4/TLO4).
- Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
Topics
| Description | Weighting(%) | |
|---|---|---|
| 1. | 1. Introduction to succession law | 10.00 |
| 2. | Distribution on intestacy | 10.00 |
| 3. | Family provision | 10.00 |
| 4. | Making a Will | 10.00 |
| 5. | Revocation, alteration, republication and revival of Wills | 10.00 |
| 6. | Drafting and construction of Wills | 15.00 |
| 7. | Gifts by Will and failure of gifts | 10.00 |
| 8. | Personal representatives and grants of administration | 10.00 |
| 9. | The process of estate administration | 10.00 |
| 10. | The future of succession law | 5.00 |
Text and materials required to be purchased or accessed
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Student workload expectations
To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.
Assessment details
| Description | Group Assessment |
Weighting (%) | Course learning outcomes |
|---|---|---|---|
| Problem Solving 1 | No | 10 | 1,2,3 |
| Problem Solving 2 | No | 40 | 1,2,3,4,5 |
| Problem Solving 3 | No | 50 | 1,2,3,4 |