MLL362 - Succession Law
Unit details
| Year: | 2023 unit information |
|---|---|
| Enrolment modes: | Trimester 1: Burwood (Melbourne), Waterfront (Geelong), Online |
| Credit point(s): | 1 |
| EFTSL value: | 0.125 |
| Unit Chair: | Trimester 1: Michele Tucker |
| Cohort rule: | For Bachelor of Laws (including combined Law awards) students only |
| Prerequisite: | MLL117, MLL213 and MLL327 |
| Corequisite: | Nil |
| Incompatible with: | Nil |
| Typical study commitment: | Students will on average spend 150 hours over the trimester undertaking the teaching, learning and assessment activities for the unit. This will include a minimum of 33 hours of CloudDeakin learning experiences. |
| Scheduled learning activities - campus: | 1 x 1.5 hour class and 1 x 1.5 hour seminar per week |
| Scheduled learning activities - online: | 1 x 1.5 hour class (live and recordings provided) and 1 x 1.5 hour online seminar per week (recordings provided) |
Content
This unit provides an introduction to Australian succession law. It includes a historical overview of the development of succession law in England and Australia, including Indigenous perspective and jurisdictional issues. Students will gain knowledge in wills and estates, including will drafting, formalities and conventions; testamentary capacity; legal requirements; estate planning considerations including taxation and superannuation; and the legal responsibilities and liabilities of practitioners when drafting a will for a client. Students will understand the probate process and how to apply for a grant of representation or letters of administration; the powers and duties of executors and administrators; the effects of intestacy; family provision claims; and the administration of estates generally. Students will also learn the legal provisions relating to ‘living wills’ including powers of attorney; guardianship and administration; and medical treatment planning law.
| ULO | These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: | Deakin Graduate Learning Outcomes |
|---|---|---|
| ULO1 | Apply legal reasoning and knowledge of (i) the meaning and scope of succession law and its historical development in England and Australia, (ii) Indigenous perspectives, and (iii) jurisdictional issues. | GLO1: Discipline-specific knowledge and capabilities |
| ULO2 | Explain, and apply in legal reasoning, the nature, functions and purposes of, and legal requirements pertaining to, wills and related legal phenomena. | GLO1: Discipline-specific knowledge and capabilities |
| ULO3 | Analyse a fact situation and reach appropriate legal conclusions by applying knowledge of the legal requirements and conventions pertaining to wills, probate, and related legal phenomena. | GLO1: Discipline-specific knowledge and capabilities |
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: (Individual) Report (Research) | 2000 words | 50% | Information not yet available |
| End-of-unit assessment task: Written Response Test (estimated 2 hours) | 2000 words | 50% | End-of-unit assessment period |
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
Learning Resource
Texts and reading lists for units can be found on the University Library via the following link. Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
Unit Fee Information
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