Students

LAWS8029 – Succession

2025 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Max Barnett
max.barnett@mq.edu.au
Contact via Ilearn
MKB Law Commons (East End, Level G)
11am-12pm Mondays from Week 2
Credit points Credit points
10
Prerequisites Prerequisites
Admission to LLM or (Admission to JD and LAWS600 or LAWS8001)
Corequisites Corequisites
Co-badged status Co-badged status
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.

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: Demonstrate a detailed and thorough knowledge of legal principles relating to the nature of succession law and the theoretical basis for the law
  • ULO2: Analyse and apply case law on the Succession Act 2006 (NSW) and law related to the distribution of property after death and apply to family provision and the validity and interpretation of wills.
  • ULO3: Advise on competing claims dealing with testate estates, intestate estates and partial intestacy and resolve complex disputes of succession law
  • ULO4: Formulate, present and evaluate arguments about succession drawing upon relevant legal authority and policy considerations as regards different conceptions of inheritance.

General Assessment Information

  • Submission - All assessments must be submitted electronically. 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.
  • Turnitin plagiarism detection software is used to check all written assessments.
  • Word limits - Word limits are strictly applied. Work above the word limit will not be marked. Footnotes are to be used only for referencing.
  • Referencing - Referencing must conform to the requirements set out in the Australian Guide to Legal Citation 4th edition.
  • Late submission 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 submission penalty policy will apply to non-timed sensitive assessments (incl essays, reports, posters, portfolios, journals, recordings etc).
  • Late submission of time-sensitive tasks - 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 connect.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). Please do not email to request an extension or email to seek the outcome of a lodged application via email. No information can be provide via email, all information will be provided via the Connect system.

Assessment Tasks

Name Weighting Hurdle Due
Research Essay 40% No 14/04/2025
Succession Law Problem Solving task 40% No Exam Period
Professional Skills 20% No Ongoing In Class

Research Essay

Assessment Type 1: Essay
Indicative Time on Task 2: 15 hours
Due: 14/04/2025
Weighting: 40%

 

Students will prepare a research essay on a topic of their own choosing relevant to Succession Law in NSW

 
On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to the nature of succession law and the theoretical basis for the law
  • Formulate, present and evaluate arguments about succession drawing upon relevant legal authority and policy considerations as regards different conceptions of inheritance.

Succession Law Problem Solving task

Assessment Type 1: Professional writing
Indicative Time on Task 2: 15 hours
Due: Exam Period
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

 
On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to the nature of succession law and the theoretical basis for the law
  • Analyse and apply case law on the Succession Act 2006 (NSW) and law related to the distribution of property after death and apply to family provision and the validity and interpretation of wills.
  • Advise on competing claims dealing with testate estates, intestate estates and partial intestacy and resolve complex disputes of succession law

Professional Skills

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 0 hours
Due: Ongoing In Class
Weighting: 20%

 

Students will develop essential legal professional skills through structured classroom activities such as oral advocacy, critical reasoning, strategic problem-solving, collaborative work, team leadership, mooting, simulated client consultations, legal presentations or demonstrations, doctrinal analysis and problem solving, and/or collaborative legal research. These activities are designed to develop students’ professional capabilities including capacity to communicate legal concepts clearly and engage professionally with diverse audiences in diverse contexts.

 
On successful completion you will be able to:
  • Demonstrate a detailed and thorough knowledge of legal principles relating to the nature of succession law and the theoretical basis for the law
  • Analyse and apply case law on the Succession Act 2006 (NSW) and law related to the distribution of property after death and apply to family provision and the validity and interpretation of wills.
  • Advise on competing claims dealing with testate estates, intestate estates and partial intestacy and resolve complex disputes of succession law
  • Formulate, present and evaluate arguments about succession drawing upon relevant legal authority and policy considerations as regards different conceptions of inheritance.

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, 2024).

Lectures

The weekly lectures will be delivered by MaryAnn de Mestre and the recordings will be made available online.

Tutorials

Professional Skills will be assessed in tutorials by MaryAnn de Mestre and Dr. Maximillian Barnett.

Online Content

Online content can be accessed on iLearn. Personal computer and Internet access are required.

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

 

Tutorials start in Week 2.

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:

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.

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:

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.

Unit information based on version 2025.02 of the Handbook