Unit convenor and teaching staff |
Unit convenor and teaching staff
Richard McCullagh
Contact via iLearn
Consultation by appointment
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Credit points |
Credit points
10
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Prerequisites |
Prerequisites
Admission to LLM or (Admission to JD and LAWS600 or LAWS8001)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
Succession law involves the study of wills, probate matters and inheritance. This unit is designed to explore the legal philosophical basis for the principles existing in this area of law, comprised of a combination of distinct categories of law such as property law and equity. In addition, an understanding of the formalities and requirements for valid wills, as well as the interpretative and constructive powers of the courts will be examined. This will equip a law student with the knowledge required to advise on estate planning matters and disputes relating to wills or on intestacy. |
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:
Students should be aware of and apply the University policy on academic honesty.
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.
No late submissions will be accepted for timed assessments - e.g. quizzes, online tests.
All assessments are submitted electronically. Turnitin plagiarism detection software is used to check all written assessments.
Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.
Word limits are strictly applied. Work above the word limit will not be marked. Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation.
Marking of all assessments is moderated through a process of blind marking and the use of detailed marking rubrics.
Name | Weighting | Hurdle | Due |
---|---|---|---|
Online multiple choice quiz | 10% | No | 08/04/22 |
Research Essay | 40% | No | 22/04/29 11:59pm |
Online multiple choice quiz | 10% | No | 27/05/22 |
Succession Law Problem Solving task | 40% | No | 06/06/22 11:59pm |
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 1 hours
Due: 08/04/22
Weighting: 10%
A one hour online test of the early unit materials
Assessment Type 1: Essay
Indicative Time on Task 2: 42 hours
Due: 22/04/29 11:59pm
Weighting: 40%
Students will prepare a research essay on a topic of their own choosing relevant to Succession Law in NSW
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 1 hours
Due: 27/05/22
Weighting: 10%
A one hour online test of the latter parts of the course
Assessment Type 1: Professional writing
Indicative Time on Task 2: 42 hours
Due: 06/06/22 11:59pm
Weighting: 40%
Students will be presented with a problem scenario and will be required to apply the law of succession in NSW in a written response
1 If you need help with your assignment, please contact:
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Lectures will be delivered via iLearn on a weekly basis. There is a compulsory bi-weekly two-hour online tutorial starting week 2. Students are expected to listen to the lectures, attend the tutorials and work their way through the other materials on a weekly basis.
The convenors will be available for consultations at times to be advised.
The required text is Croucher, R and Vines, P, Succession: Families, Property & Death (LexisNexis, 5th ed, 2019).
Additional reading may be required from time to time and will be available via iLearn and the unit reading list maintained by the library.
All unit requirements and a weekly teaching and reading schedule are outlined on iLearn.
Week 1:
Introduction and overview: The valid Will, or lack of it
Week 2:
A well made Will, on the face of it
Week 3:
A badly drafted Will, on the face of it
Week 4:
A badly created Will, at the time
Week 5:
An unfortunate Will, given changed circumstances
Week 6:
A non-existent, or only partially effective, Will – intestacy
Week 7 & 8: Administration
Authorising the legal person representative on death
Administering the deceased’s estate
Week 9 & 10: Family provision
Claims for family provision out of the estate
Claims for family provision out of notional estate
Weeks 11 & 12: Other interventions
Statutory interventions
Equitable interventions
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
The Library provides online and face to face support to help you find and use relevant information resources.
Macquarie University offers a range of Student Support Services including:
Got a question? Ask us via AskMQ, or contact Service Connect.
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.
Date | Description |
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02/02/2022 | In relation to the prescribed textbook I have (a) deleted to the reference to where it may be purchased and (b) inserted the name of the publisher, 'LexisNexis'. |
Unit information based on version 2022.04 of the Handbook