Unit aim

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

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, 2016, Hutley's Australian Wills Precedents, 9th edn, LexisNexis Butterworths, Sydney. ISBN: 9780409344042.
  • Mackie, K, 2013, Principles of Australian Succession Law, 2nd edn, LexisNexis Butterworths, Sydney. ISBN: 9780409333572.
Prescribed texts may change in future study periods.

Teaching and assessment

Gold Coast

Teaching method
Lecture on-site 2 hrs (11 weeks)
Tutorial on-site 2 hr (6 weeks)
Assessment
Essay50%
Exam: open book50%

Lismore

Teaching method
Lecture on-site 2 hrs (11 weeks)
Tutorial on-site 2 hr (6 weeks)
Assessment
Essay50%
Exam: open book50%

Online

Teaching method
Structured online learning 1 hr (12 weeks)
Lecture online 1 hr (12 weeks)
Tutorial online 1 hr (12 weeks)
Assessment
Essay50%
Exam: open book50%
Notice

Intensive offerings may or may not be scheduled in every session. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the study session.

Fee information

Domestic

Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2016 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.

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