Students

LAWS5056 – Succession

2026 – Session 1, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Max Barnett
17WW 321
Lecturer
Mary-Ann Linda Kelly
Credit points Credit points
10
Prerequisites Prerequisites
80cp in LAW or LAWS units incl LAWS2500
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

Succession explores the law relating to the formation and construction of wills, the grant of probate and letters of administration, and the distribution of testate and intestate estates. Family provision, the administration of estates, and the interpretation of relevant succession statutes, principles and cases are explored in the unit. The role of the lawyer in advising the client on estate planning and the responsibilities of executors and administrators are considered. Public policy, legal history and philosophy are also considered in the exploration of the contemporary issues found in the theory and practice of succession law.

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 written assessments submitted electronically must be submitted through the link provided in iLearn. This unit will utilise Turnitin plagiarism detection software. 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.

The design, moderation and feedback of all assessments is in accordance with the Macquarie University Assessment Procedure (link provided under ‘Policies and Procedures’ below).

Late Submission Policy

A maximum penalty of five (5) percentage points of the total possible marks will be applied per day to late submissions, for up to a maximum of seven calendar days. Tasks that have not been submitted within the maximum number of additional late days will receive a mark of zero. This provision does not apply to exams or other assessment with a time limit of less than 24 hours.

Penalties for late submission will be applied consistently and equitably to all students enrolled in the unit. Where short-term, serious and unavoidable circumstances have affected their ability to submit an assessment task, a student must submit a formal application for Special Consideration as per the Special Consideration Policy. Students should not request an informal arrangement from their tutor, lecturer or Unit Convenor.

Where an application for Special Consideration is approved, and the outcome is an extension to the due date of a task, submissions that are received after the new due date will be subject to late penalties that are calculated from the new due date. This only applies where the outcome is an extension to the due date – see the Special Consideration Policy for a schedule of all possible outcomes.

Special Consideration

Students should submit applications for Special Consideration electronically via the Service Connect portal, 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 Groupwork/Individual Short Extension AI assisted?
Professional Skills 20% No Weekly (In-Class) Individual No Observed
Exam 50% No Exam Period Individual No Observed
Practice-Based Task 30% No 07/04/2026 Individual No Observed

Professional Skills

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 0 hours
Due: Weekly (In-Class)
Weighting: 20%
Groupwork/Individual: Individual
Short extension 3: No
AI assisted?: Observed

Students will engage in classroom activities including mooting, presentations or demonstrations, structured discussion and problem solving, doctrinal analysis, simulated client consultations, and collaborative legal research. Through these activities students will develop skills in oral advocacy, legal analysis, critical reasoning, teamwork and team leadership, and/or strategic problem-solving. These activities are designed to strengthen students' ability to communicate legal concepts verbally and engage professionally within a supportive learning environment.
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.

Exam

Assessment Type 1: Examination
Indicative Time on Task 2: 20 hours
Due: Exam Period
Weighting: 50%
Groupwork/Individual: Individual
Short extension 3: No
AI assisted?: Observed

An invigilated exam held in the formal examination period. The exam may cover any or all topics and materials covered in the unit.
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.

Practice-Based Task

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 10 hours
Due: 07/04/2026
Weighting: 30%
Groupwork/Individual: Individual
Short extension 3: No
AI assisted?: Observed

An assessment on professional skills and knowledge relevant to the unit. This could be a legal or policy brief, a report, an essay, a law reform proposal, legal pleadings or other related professional task. This assessment may require students to prepare a response through research and adhere to discipline-specific scholarly conventions.
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.

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.

3 An automatic short extension is available for some assessments. Apply through the Service Connect Portal.

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 your tutors.

Online Content

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

Unit Schedule

Tutorials start in Week 1

Topic 1: Introduction to Succession Law    

Topic 2: The Boundaries of Succession      

Topic 3: Preparing for Death

Topic 4: The Will         

Topic 5: Invalid, Informal and Rectified Wills   

Topic 6: The Testator’s Mind and Ethical Practice         

Topic 7: Death Law   

Topic 8: Intestacy      

Topic 9: Family Provision      

Topic 10: Executors and Administrators     

Topic 11: Administration Process    

Topic 12: The Future of Succession

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/

Academic Success

Academic Success 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 2026.03 of the Handbook