| Semester 3, 2020 Online | |
| Short Description: | Succession Law |
| Units : | 1 |
| Faculty or Section : | Faculty of Business, Education, Law and Arts |
| School or Department : | School of Law and Justice |
| Student contribution band : | Band 3 |
| ASCED code : | 090999 - Law not elsewhere classified |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: (LAW3203 or LAW2213 or LAW5703 or LAW5213) and (LAW3206 or LAW2223 or LAW5706 or LAW5223)
Other requisites
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .
Rationale
This is an elective course in the Bachelor of Laws and Juris Doctor programs. It provides students with opportunities to learn legal drafting skills, in addition to knowledge of the legal principles relevant to this area of law.
Synopsis
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.
Objectives
On successful completion of this course students should be able to demonstrate the following outcomes:
-
knowledge of the following, including the:
- fundamental legal principles of succession law as studied in this course, and underlying principles and concepts, including international and comparative contexts, local and national contexts, and indigenous, multicultural and gender perspectives
- broader contexts within which legal issues arise
- principles and values of justice and of ethical practice in lawyers’ roles in the succession law area
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ethics and professional responsibility, including:
- an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in the context of professional practice in succession law
- a developing ability to exercise professional judgment
- thinking skills, including the ability to identify and articulate legal issues; 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
- communication skills, including the ability to communicate in ways that are effective, appropriate and persuasive in the context, and skills in legal drafting.
Topics
| Description | Weighting(%) | |
|---|---|---|
| 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
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=03&subject1=LAW3422)
Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)
(this can be downloaded at .)
Reference materials
Student workload expectations
| Activity | Hours |
|---|---|
| Assessments | 80.00 |
| Directed Study | 39.00 |
| Private Study | 46.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| PROBLEM-BASED QUIZ | 10 | 10 | 04 Dec 2020 | |
| LEGAL DRAFTING ASSIGNMENT | 30 | 30 | 06 Jan 2021 | |
| ONLINE EXAMINATION | 60 | 60 | End S3 | (see note 1) |
Notes
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk.
Important assessment information
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Attendance requirements:
Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration. -
Requirements for students to complete each assessment item satisfactorily:
Due to COVID-19 the requirements for S3 2020 are:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S3, 2020:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course). -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
Due to COVID-19 the requirements for S3 2020 are:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S3, 2020:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course.
Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.
To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure (point 4.4.2). -
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course. -
Examination information:
Due to COVID-19 the requirements for S3 2020 are:
An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.
Requirements after S3, 2020:
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination. -
Examination period when Deferred/Supplementary examinations will be held:
Due to COVID-19 the requirements for S3 2020 are:
The details regarding deferred/supplementary examinations will be communicated at a later date.
Requirements after S3, 2020:
Any Deferred or Supplementary examinations for this course will be held during the next examination period. -
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at .
Assessment notes
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Referencing in assignments:
Students studying this course must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library’s referencing guide at or contact the Law Librarian.