Wills, probate and administration 506
Associate Professor L McCredie
6 points
* First semester: two 1.5-hour lectures per week
* Summer
semester: two 2-hour lectures per week
* Clayton
* Prerequisite:
LAW3400
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) find that in addition to the powers of critical analysis and thinking, their oral communication and research skills are also enhanced by participation in the subject.
Synopsis The subject will address the following topics: (1) the administration and distribution of inheritable property of a deceased person not effectively disposed of by a will, ie upon intestacy; (2) the mental element for making a will - testamentary capacity and intention and the effect of delusion, undue influence, fraud and coercion; (3) the formal element for making, altering and revoking a will - writing, signature and witnesses; (4) persons eligible to be appointed executors or administrators and the modes of their appointment; (5) types of grants of representation; (6) methods of proving a will; (7) the vesting of assets in an executor or administrator; (8) the classification of gifts by will and the various doctrines affecting such gifts; (9) the powers and duties of executors and administrators; and (10) the distribution of net assets to beneficiaries or next of kin.
Assessment: Class test or written assignment (depending on size of
enrolment): 20%
* Final examination: 80%
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