Interim Trimester 2, 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: (LAW5223 or LAW5214) or Students must be enrolled in one of the following Programs: LLBH or LLMC
Overview
This course provides postgraduate students with an in-depth study of the legal, regulatory and taxation issues arising in estate planning. The course builds upon foundational knowledge gained in previous studies and through practical experience and covers topics such as wills, estates, family law and death, business succession planning, superannuation and the taxation consequences of each. Students will further develop their skills in legal research, problem solving and taxation planning.
This course provides the fundamental legal knowledge required for effective taxation and estate planning. The course provides a structured approach for effective taxation and estate planning by commencing with the purpose of estate planning, duties of care and professional responsibilities. Students will learn and have opportunities to apply legal problem solving skills in the areas of wills, testamentary trusts, taxation of estates, family breakdown before and after death, business and superannuation succession planning. Students will be assessed via two in-depth case studies which focus on the research and application of legal principles relevant both pre and post death.
Course learning outcomes
On successful completion of this course students should be able to:
- evaluate developments in chosen areas of estate planning (meaning the planning of a testator’s estate before death, including planning to account for the taxation implications of death), and critically examine the relationship between those developments and contemporary theory or practice in estate planning (PO 1);
- demonstrate [interpret and apply] advanced knowledge of the impact of other legal systems on the substance, theory and practice of estate planning in Australia (PO 2);
- undertake, interpret and evaluate research in estate planning using advanced legal research methodologies and techniques (PO 3); and
- articulate advanced knowledge of the law that applies to estate planning in written presentations (PO 4).
Topics
Description | Weighting(%) | |
---|---|---|
1. | Introduction to Estate Planning and the Client Relationship | 10.00 |
2. | Wills, Probate and Succession | 20.00 |
3. | Estates that cross borders | 10.00 |
4. | Property and Trusts | 10.00 |
5. | Taxation of Estates | 20.00 |
6. | Business Succession Planning | 10.00 |
7. | Specific legal issues – family breakdown, capacity and possible claims against the Estate | 10.00 |
8. | Superannuation and Death | 10.00 |
Text and materials required to be purchased or accessed
(Available in print or as an eBook - students can choose which version they prefer.)
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 (%) |
---|---|---|
Planning document 1 | No | 10 |
Planning document 2 | No | 10 |
Case ¾«¶«´«Ã½app 1 | No | 40 |
Case ¾«¶«´«Ã½app 2 | No | 40 |