Students
LAWS5056 – Succession
2024 – Session 1, In person-scheduled-weekday, North Ryde
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor, Lecturer and Tutor
MaryAnn de Mestre
Contact via Contact via iLearn
Consultation by appointment
Tutor
Andrew Gill
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|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
80cp in LAW or LAWS units incl LAWS2500
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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) and the Succession Act 2006 (NSW). Emphasis is given to the role of the lawyer in planning the client's affairs in the light of the above legislation. Students in this unit will study will drafting and complete exercises in drafting a will that complies with a client's instructions. |
Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- ULO1: Describe and explain links between understandings of property and relationships in the context of succession law.
- ULO2: Analyse case law on the Succession Act 2006 (NSW) and apply to the validity and interpretation of wills.
- ULO3: Critically evaluate the law on family provision and apply family provision legislation to complex factual situations involving estate disputes.
- ULO4: Advise on competing family claims dealing with testate estates, intestate estates and partial intestacy.
- ULO5: Assess the various legal principles to give appropriate advice on wills.
General Assessment Information
General Assessment Information
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 re-submissions will not 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 4th edition.
Marking of all assessments is moderated through a process of blind marking and the use of detailed marking rubrics.
Late penalty policy Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted.
Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue. This late penalty will apply to non-timed sensitive assessments (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time-sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application.
Special Consideration outcome may result in a new question or topic. Special Consideration Students should submit applications for Special Consideration electronically via ask.mq.edu.au, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under 'Policies and Procedures' below).
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Participation Tasks | 20% | No | Ongoing |
| Succession Law essay | 40% | No | 11.55PM 12/04/2024 |
| Written response to a succession law problem | 40% | No | 4.15PM 03/06/2024 |
Participation Tasks
Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Ongoing
Weighting: 20%
Students will be assessed on their informed participation in discussions, role plays, debates, quizzes and other activities.
On successful completion you will be able to:
- Describe and explain links between understandings of property and relationships in the context of succession law.
- Analyse case law on the Succession Act 2006 (NSW) and apply to the validity and interpretation of wills.
- Critically evaluate the law on family provision and apply family provision legislation to complex factual situations involving estate disputes.
- Advise on competing family claims dealing with testate estates, intestate estates and partial intestacy.
- Assess the various legal principles to give appropriate advice on wills.
Succession Law essay
Assessment Type 1: Essay
Indicative Time on Task 2: 15 hours
Due: 11.55PM 12/04/2024
Weighting: 40%
Students will be required to prepare an essay on an aspect of proposed reform to Succession Law in NSW
On successful completion you will be able to:
- Describe and explain links between understandings of property and relationships in the context of succession law.
- Analyse case law on the Succession Act 2006 (NSW) and apply to the validity and interpretation of wills.
- Critically evaluate the law on family provision and apply family provision legislation to complex factual situations involving estate disputes.
- Assess the various legal principles to give appropriate advice on wills.
Written response to a succession law problem
Assessment Type 1: Professional writing
Indicative Time on Task 2: 15 hours
Due: 4.15PM 03/06/2024
Weighting: 40%
An essay applying succession law to resolve a problem scenario
On successful completion you will be able to:
- Analyse case law on the Succession Act 2006 (NSW) and apply to the validity and interpretation of wills.
- Critically evaluate the law on family provision and apply family provision legislation to complex factual situations involving estate disputes.
- Advise on competing family claims dealing with testate estates, intestate estates and partial intestacy.
- Assess the various legal principles to give appropriate advice on wills.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
Compulsory Text
Rosalind Croucher and Prue Vines, Succession: Families, Property and Death (LexisNexis, 6th ed, 2023).
Lectures
The weekly lectures will be delivered by MaryAnn de Mestre and the recordings will be made available online.
Tutorials
Class participation will be assessed in weekly tutorials by MaryAnn de Mestre and Andrew Gill.
Online Content
Online content can be accessed on iLearn. Personal computer and Internet access are required.
Unit Schedule
Unit Schedule
1. Introduction to Succesion
2. Boundaries of Succession
3. Death Law
4. The Testator's Mind
5. Formalities of a Will
6. Dispensing with Formalities
7. Revocation and Alteration of Wills
8. Gifts
9. Intestacy
10. Executors and Administrators
11. Administration Process
12. Family Provision
Policies and Procedures
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:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Assessment Procedure
- Complaints Resolution Procedure for Students and Members of the Public
- Special Consideration Policy
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.
Student Code of Conduct
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
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 connect.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Academic Integrity
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.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
Macquarie University offers a range of Student Support Services including:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
- Student Advocacy provides independent advice on MQ policies, procedures, and processes
Student Enquiries
Got a question? Ask us via the Service Connect Portal, or contact Service Connect.
IT Help
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.
Changes since First Published
| Date | Description |
|---|---|
| 01/02/2024 | Update of time due on hypothetical problem to 4.15PM instead of 11.55PM as directed by Amanda Head |
| 30/01/2024 | "Tutorials" under Delivery and Resources |
Unit information based on version 2024.02 of the Handbook