LAW4311 - Succession law - 2017

This unit deals with the administration and distribution of property of deceased persons not effectively disposed of by a will. It covers: 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; and the distribution of net assets to beneficiaries or next of kin. It is designed to impart the fundamental areas of legal knowledge and principles and the contexts within which legal issues arise.

At the successful completion of this unit, students will be able to:

1. Identify, articulate, critically assess and apply the law of Victoria for the administration and devolution of inheritable property of a deceased person;
2. Understand, analyse and critically evaluate the general principles of law regarding 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;
3. Identify and articulate complex legal issues relating to the administration of the estate of a deceased person;
4. Demonstrate independent research skills to interpret and synthesise relevant legal and policy issues to ethically solve problems arising in succession law;
5. Communicate knowledge from this unit effectively and persuasively; and
6. Learn and work autonomously and assess their own capabilities, using feedback to improve performance.

1. Research assignment (2,000 words) or a take home test (2,000 words) 40% AND
2. Examination (2 hours plus 30 minutes reading and noting time) 60%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Professor Matthew Groves

For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3400 or LAW3401 and LAW3402

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112