Unit description
Introduces students to the statutory provisions and cases governing wills, including the nature, characteristics and interpretation of wills and the formal requirements for validity. Explores the legislative provisions and procedures applicable to obtaining a grant of representation (probate or letters of administration) following a person's death, and the duties of personal representatives and trustees. The law of intestate succession and testator's family maintenance are also explored.
Unit content
This unit covers wills and succession law. It also deals with probate and the administration of estates.
Topic 1 Introduction to wills
Topic 2 Making a will - the mental elements
Topic 3 Making a will - the formal requirements
Topic 4 Construction of wills - general principles of construction and gifts
Topic 5 Drafting a will
Topic 6 Changing a will - revocation, alteration, republication and revival
Topic 7 Grants of representation
Topic 8 Personal representatives
Topic 9 Family provision
Topic 10 Distribution on intestacy
Learning outcomes
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
Learning outcomes and graduate attributes
| On completion of this unit, students should be able to: | GA1 | GA2 | GA3 | GA4 | GA5 | GA6 | GA7 | |
|---|---|---|---|---|---|---|---|---|
| 1 | generate creative and appropriate responses to legal problems. | Knowledge of a discipline | ||||||
| 2 | apply knowledge of succession law in drafting a will which gives effect to the testator's instructions and which conforms to all necessary requirements for a valid will. | Intellectual rigour | Knowledge of a discipline | |||||
| 3 | demonstrate knowledge of the principles applicable to the management of a deceased estate. | Knowledge of a discipline | ||||||
| 4 | effectively communicate in writing to non-legal audiences the law on succession, intestacy and family provisions. | Intellectual rigour | Communication and social skills | |||||
Prescribed texts
Session 1
- Birtles, C & Neal, R, 2014, Hutley's Australian Wills Precedents, 8th edn, LexisNexis Butterworths, Sydney. ISBN: 9780409336900.
- Mackie, K, 2013, Principles of Australian Succession Law, 2nd edn, LexisNexis Butterworths, Sydney. ISBN: 9780409333572.
Session 3
- Birtles, C & Neal, R, 2014, Hutley's Australian Wills Precedents, 8th edn, LexisNexis Butterworths, Sydney. ISBN: 9780409336900.
- Mackie, K, 2013, Principles of Australian Succession Law, 2nd edn, LexisNexis Butterworths, Sydney. ISBN: 9780409333572.
Teaching and assessment
Gold Coast
| Teaching method |
| Lecture on-site 2 hrs (11 weeks) |
| Tutorial on-site 2 hr (6 weeks) |
| Assessment | |
| Essay | 50% |
| Exam: open book | 50% |
Lismore
| Teaching method |
| Lecture on-site 2 hrs (11 weeks) |
| Tutorial on-site 2 hr (6 weeks) |
| Assessment | |
| Essay | 50% |
| Exam: open book | 50% |
Online
| Teaching method |
| Structured online learning 1 hr (12 weeks) |
| Lecture online 1 hr (12 weeks) |
| Tutorial online 1 hr (12 weeks) |
| Assessment | |
| Essay | 50% |
| Exam: open book | 50% |
Fee information
Domestic
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2015 Commonwealth Supported only. Student contribution band: 3
Fee paying courses
For POSTGRADUATE or UNDERGRADUATE full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees
International
Please check the international course and fee list to determine the relevant fees.