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LocationDomesticInternational
OnlineN/A

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.

On completion of this unit, students should be able to:
1generate creative and appropriate responses to legal problems.
2apply 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.
3demonstrate knowledge of the principles applicable to the management of a deceased estate.
4effectively communicate in writing to non-legal audiences the law on succession, intestacy and family provisions.

On completion of this unit, students should be able to:

  1. generate creative and appropriate responses to legal problems.
  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.
  3. demonstrate knowledge of the principles applicable to the management of a deceased estate.
  4. effectively communicate in writing to non-legal audiences the law on succession, intestacy and family provisions.

Prescribed texts

  • Prescribed text information is not currently available.
Prescribed texts may change in future study periods.

Teaching and assessment

Teaching method
Lecture online 1 hr (12 weeks)
Tutorial online 1 hr (11 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.

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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