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LAW8721 Estate Planning

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:

  1. 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);
  2. 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);
  3. undertake, interpret and evaluate research in estate planning using advanced legal research methodologies and techniques (PO 3); and
  4. 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

Perkins, M & Monahan, R 2021, Estate Planning: A Practical Guide for Professionals Helping Australians to Age Well, 5th edn, Lexis Nexis Butterworths, Australia.
(Available in print or as an eBook - students can choose which version they prefer.)
Students should also have access to the following text ONLINE: Deutsch, RL, Friezer, ML, Fullerton, IG, Hanley, PJ & Snape, TJ 2022, Australian Tax Handbook 2022, Thomson Reuters, Pyrmont, New South Wales (available electronically via USQ Library Westlaw Australia database at .

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

Approach Type Description Group
Assessment
Weighting (%)
Assignments Written Planning document 1 No 10
Assignments Written Planning document 2 No 10
Assignments Written Case ¾«¶«´«Ã½app 1 No 40
Assignments Written Case ¾«¶«´«Ã½app 2 No 40
Date printed 9 February 2024