Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Caitriona McCabe
Contact via Email
W3A 519
Wed 1pm - 2pm
|
---|---|
Credit points |
Credit points
3
|
Prerequisites |
Prerequisites
24cp in LAW or LAWS units
|
Corequisites |
Corequisites
|
Co-badged status |
Co-badged status
LAWS556 External
|
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.
|
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:
Compulsory Text
Croucher, R; Vines, P, Succession: Families, Property and Death (LexisNexis, 4th ed, 2013). Available from the Macquarie University Co-op Bookshop.
Recommended additional reference (students are not expected to purchase this reference):
Certoma, GL, The Law of Succession in NSW (Thomson Reuters, 4th ed, 2010).
Lectures
Weekly lectures in this unit will be pre-recorded and available to students on iLearn. Weekly lectures will commence in Week 1 and go through to Week 12.
Tutorials
Weekly tutorials will be conducted for internal students commencing in week 2 and concluding in week 13 inclusive. Tutorials will be based on the preceding week's materials set out in the weekly schedule on iLearn. References to weekly materials for assessment purposes are based on the iLearn schedule. An On Campus Session is scheduled for Thursday and Friday, the 26th and 27th April 2018 in Room G09, 25a Wallys Walk. Please check the timetable closer to the date for confirmation: timetables@mq.edu.au
Tutorials and the On Campus Session are beneficial but not compulsory.
Online Units
Online units can be accessed at: http://ilearn.mq.edu.au/.
PC and Internet access are required. Basic computer skills (e.g., internet browsing) and skills in word processing are also a requirement.
Name | Weighting | Hurdle | Due |
---|---|---|---|
Online Quiz | 30% | No | 10th April |
Hypothetical Problem Question | 20% | No | 14th May, 9pm |
Research Essay | 30% | No | 28th May, 9pm |
Online Quiz | 20% | No | 19th June |
Due: 10th April
Weighting: 30%
This quiz will test your understanding of the materials covered in weeks 1 - 4 inclusive. Although the submission portal will remain open from 12pm – 8pm, the quiz is designed to be completed in 1 hour; the 8 hour time span is to accommodate the range of commitments and needs of both internal and external students. It will consist of 15 multiple choice questions some of which will be based on short hypothetical problem questions. When a student accesses the quiz they have 1 hour in which to complete it. The questions and responses available to each student will vary as they will be allocated from a bank of questions, with the order of the responses presented to each student also varying. Answers will be automatically submitted at the end of the hour.
Due: 14th May, 9pm
Weighting: 20%
The hypothetical problem question will be based on the materials in weeks 5 - 8 inclusive and will require a response to a hypothetical problem question involving succession law.
Word limit 1500 including footnotes.
Further information and a marking rubric will be available on the question.
Due: 28th May, 9pm
Weighting: 30%
The research essay will require a critical analysis of Succession Law in New South Wales with a view to reform.
Word limit 1500 including footnotes.
Further information on the topic and a marking rubric will be available on iLearn.
Due: 19th June
Weighting: 20%
This quiz will test your understanding of the materials covered in weeks 9 - 12 inclusive. Although the submission portal will remain open from 12pm – 8pm, the quiz is designed to be completed in 1 hour; the 8 hour time span is to accommodate the range of commitments and needs of both internal and external students. It will consist of 10 multiple choice questions some of which will be based on short hypothetical problem questions. When a student accesses the quiz they have 1 hour in which to complete it. The questions and responses available to each student will vary as they will be allocated from a bank of questions, with the order of the responses presented to each student also varying. Answers will be automatically submitted at the end of the hour.
Late Submission Penalty
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.
LECTURE SCHEDULE, SEMESTER 1, 2018 - SUBJECT TO REVISION: CHECK ILEARN FOR DETAILED SCHEDULE
TOPIC |
Week commencing 2018 |
ISSUES |
1 |
26/2 |
Introduction to the Unit What is Succession Law?; Succession Law as a reflection of societal theories. |
2 |
5/3 |
Family Provision: History, Jurisdiction & Eligibility |
3 |
12/3 |
Family Provision: Priority of Competing Claims |
4 |
19/3 |
Family Provision: The Court's Criterion & Approach |
5 |
26/3 |
Intestacy and Spouses |
6 |
2/4 |
Intestacy and Other Relationships, Estates of Indigenous Persons and Bona Vacantia |
7 |
9/4 |
Formal Requirements of Wills and the Dispensing Power |
|
|
MID SEMESTER BREAK – ON CAMPUS SESSION 26th and 27th April |
8 |
30/4 |
Capacity and Undue Influence |
9 |
7/5 |
Life Estates and Other Testamentary Trusts |
10 |
14/5 |
Rectification and Construction of Wills |
11 |
21/5 |
Ademption, Lapse and Equitable Doctrines |
12 |
28/5 |
Revocation and Alteration of Wills |
13 |
4/6 |
NO LECTURE THIS WEEK |
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/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.
Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
This graduate capability is supported by:
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by: