Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Caitriona McCabe
Contact via caitriona.mccabe@mq.edu.au
Rod Smith
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
24cp in LAW or LAWS units
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit explores the law relating to the making and construction of wills; the grant of probate and administration; and the distribution of testate and intestate estates. The provisions of the Family Provision Act 1982 are considered as well as those of the Wills, Probate and Administration Act 1898 (NSW). Emphasis is given to the role of the lawyer in planning the client's affairs in the light of the above legislation. Will drafting, including drafting exercises, to comply effectively with clients' instructions, forms an important part of this unit.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Research Essay | 40% | Monday 17th October |
Tutorial Participation / OCS | 30% | Weeks 1 - 12 |
Final Assessment Quiz | 30% | Monday 7th November |
Due: Monday 17th October
Weighting: 40%
Research essay 3,000 words.
Please refer to iLearn for full details of the essay topic.
This essay will test students understanding of inheritance law and theory. Students will also be assessed on their ability to apply the principles of plain English.
All work is to be submitted via Turnitin.
Late submissions will not be marked and will receive a score of 0.
Due: Weeks 1 - 12
Weighting: 30%
Specific readings and exercises will be set for each tutorial. The tutorial program is set out on iLearn in a weekly format.
External students will be assessed on their participation at the compulsory on-campus session to be held on the 17th and 18th September.
External students should also undertake the readings and look at the exercises for the tutorials, as this material will form the basis for the activities undertaken at the on campus session. More information on the structure of the on campus session will be provided closer to the time on ILearn.
You must attend all tutorials. Tutors will engage in ongoing assessment of student participation in the tutorial discussions, debates, and exercises using the following criteria:
1. Preparation and understanding of material: the student has listened to the lecture materials and other learning resources provided online, read the required reading and has attempted to link the tutorial materials to the lectures, to other course materials and to their life experience
2. Ability to critically discuss the material: the student is able to critically discuss the tutorial materials and contributes to class discussions in a way that assists the learning of others
3. Clear expression of ideas: the student is able to clearly express their ideas about the materials
4. Engaging with other students: the student engages with others in the class taking an active role in discussions, and other activities assigned by the tutor. The student responds to others in the class by listening to them, providing constructive feedback and asking questions.
5. Demonstration of skills: The student is able to demonstrate good communication skills and engage with others in a professional and respectful manner.
From time to time, tutors will collect examples of student work completed in tutorials. Tutors may set impromptu quizzes in class or at the on campus session to assess a student's knowledge of the tutorial preparation material.
If you cannot attend a tutorial you must send a message to your tutor on iLearn to inform them of your absence. Your tutor may assign you work to complete in lieu of attendance.
Extended absences of more than two tutorials must meet the criteria for Disruption to Studies. Applications for Disruptions to Studies are made online at ask.mq.edu.au in response to a serious and unavoidable event.
Due: Monday 7th November
Weighting: 30%
The Final Assessment Quiz will cover all aspects of Succession Law.
This is a time limited quiz of one hour to test students' understanding of all the unit materials from week 1 to week 12.
Students can open the quiz at any time after 6pm. The quiz will automatically shut down at 9pm. Students will have one hour to complete the quiz from the time that they open it. When one hour has expired, all saved answers will be automatically submitted.
Full details will be released on iLearn.
There are no "live" lectures for this unit. This unit is delivered via online learning content and weekly one hour tutorials from weeks 1-12 for internals and a compulsory two day on campus session for external students.
The required text is: Croucher, R; Vines, P, Succession: Families, Property and Death (LexisNexis, 4th ed, 2013). Available from the Macquarie University Co-op Bookshop.
Additional reading will be available via iLearn and the unit reading list maintained by the library.
Students require access to a computer and a secure and reliable server. All Unit requirements and a weekly teaching and reading schedule are outlined in iLearn.
All assessments are to be submitted electronically via Turnitin.
The complete schedule of readings, learning materials and tutorial requirements is outlined on iLearn | |
Week 1 - NB Tutorials start in Week1 The Scope and Boundaries of Succession Law |
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Week 2 Family Provision: History, Jurisdiction and Eligible Applicants |
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Week 3 Family Provision: Approach to Applications |
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Week 4 Family Provision: Matters to be Considered by the Court |
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Week 5 Intestacy and Spouses |
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Week 6 Intestacy and Other Relationships, Estates of Indigenous Persons and Bona Vacantia |
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Week 7 Formal Requirements of Wills and the Dispensing Power |
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Week 8 Capacity and Undue Influence |
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Week 9 Life Estates and Other Testamentary Trusts |
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Week 10 Rectification and Construction of Wills |
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Week 11 Ademption, Lapse and Equitable Doctrines |
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Week 12 Revocation and Alteration of Wills |
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Week 13 Revision |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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