LAWS 6008 Wills and Succession
Credit Points 10
Coordinator Stephen Janes Opens in new window
Description This subject analyses law and policy relevant to the devolution of property upon death. The legal issues relating to wills and succession are examined in their social, cultural, and ethical contexts. The subject encompasses topics such as the law relating to intestacy, the making of a valid will, the administration of the estate and testator's family maintenance. This subject is of particular importance to those students who intend to practice either as a solicitor or barrister as Wills and Succession forms a significant part of private practice. Students will engage in professional learning activities to demonstrate their application of this body of law in practice.
School Law
Discipline Legal Practice
Student Contribution Band HECS Band 4 10cp
Check your fees via the Fees page.
Level Postgraduate Coursework Level 6 subject
Pre-requisite(s) LAWS 7067 Property Law
Incompatible Subjects LAWS 3071 Wills and Succession
Restrictions
Students must be enrolled in the 2826 Juris Doctor Program.
Learning Outcomes
After successful completion of this subject, students will be able to:
- Apply knowledge of the major doctrines of succession law to particular contexts.
- Critically analyse the complex interaction of legal doctrines which operate in succession law, considering social, cultural and ethical contexts.
- Analyse the jurisdiction of the probate court, including the types of application for probate and grants of administration.
- Apply knowledge of the law of wills in particular contexts
- Analyse aspects of the administration of estates.
- Develop advanced written and/or oral communication skills.
Subject Content
- Death
- Intestate Succession, including intestacy laws relating to Indigenous people
- Family Provision
- The Nature of a Will
- Formal Requirements
- Capacity
- Revocation, Republication and Revival
- Obliterations, Interlineations and Alterations
- Construction-General
- Construction-Specific
- Grants of Representation
- Administration and Distribution of the Estate
Assessment
The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.
| Type | Length | Percent | Threshold | Individual/Group Task | Mandatory |
|---|---|---|---|---|---|
| Professional Task | 2 hours | 25 | N | Individual | N |
| Intra-session Exam | 2 hours | 45 | N | Individual | N |
| Viva Voce | 30 minutes | 30 | N | Individual | N |
Teaching Periods
Autumn (2024)
Parramatta City - Macquarie St
On-site
Subject Contact Stephen Janes Opens in new window
View timetable Opens in new window
Autumn (2025)
Parramatta City - Macquarie St
On-site
Subject Contact Stephen Janes Opens in new window