LAW5128

Wills, probate and administration 506 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Mr Matthew Groves

Offered:
Clayton Second semester 2005 (Day)

Synopsis: The administration and distribution of property of deceased persons not effectively disposed of by a will. Testamentary capacity and intention. The formal element for making, altering and revoking a will. The professional duties of lawyers in the drafting and execution of wills and the management of deceased estates. Persons eligible to be appointed executors. Types of grants of representation. Methods of proving a will. The vesting of assets in an executor or administrator. The classification of gifts by will and the doctrines affecting such gifts. The powers and duties of executors and administrators. The distribution of net assets to beneficiaries or next of kin.

Objectives: Students who successfully complete this subject should (1) acquire a comprehensive knowledge of the law of Victoria regulating the administration and devolution of inheritable property of a deceased person; (2) be able to analyse and critically examine a factual situation relating to the estate of a deceased person and to determine the procedure for obtaining authority to administer the estate, the validity of testamentary dispositions, the entitlements of beneficiaries or next of kin, the liability of particular assets to meet the burden of debts and the entitlements of beneficiaries or next of kin, the liability of particular assets to meet the burden of debts and the entitlements of beneficiaries and the ultimate distribution of the net assets to the beneficiaries or next of kin; and (3) have enhanced their powers of critical analysis and thinking, their oral communication and research skills.

Assessment: Written research assignment (3000 words): 40% + Examination (2 hours plus 30 minutes reading and noting time): 60% OR Final Examination (3 hours plus 30 minutes reading and noting time): 100%

Prerequisites: LAW1100 Legal Process, LAW3400 Property