Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Caitriona McCabe
Contact via Email
W3A 519
Wed 1pm - 2pm
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
16cp of LAW or LAWS units at 800 level
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
LAWS829 Ext
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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.
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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 references (students are not expected to purchase these references):
Certoma, GL, The Law of Succession in NSW (Thomson Reuters, 4th ed, 2010)
Mackie, K, Principles of Australian Succession Law (LexisNexis, 3rd ed, 2017)
Dal Pont, G E; Mackie, K F, Law of Succession (LexisNexis, 2nd ed, 2017)
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 Saturday and Sunday, the 21st and 22nd April 2018 in Room 211 on 4 Western Road. 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 | 20% | No | 11th April |
Hypothetical Problem Question | 30% | No | 11th May, 9pm |
Theoretical Research Essay | 30% | No | 30th May, 9pm |
Online Quiz | 20% | No | 20th June |
Due: 11th April
Weighting: 20%
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 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.
Due: 11th May, 9pm
Weighting: 30%
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 2500 including footnotes.
Further information and a marking rubric will be available on the question.
Due: 30th May, 9pm
Weighting: 30%
The theoretical research essay will be based on a topic of your choosing as a framework for critical analysis of Succession Law in New South Wales.
Word limit 2500 including footnotes.
Further information and a marking rubric will be available on iLearn.
Due: 20th 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 Theories of 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 |
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MID SEMESTER BREAK – ON CAMPUS SESSION 21 and 22 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 |
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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.
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