THE LAW OF SUCCESSION

LAW3SSL

Not currently offered

Credit points: 15

Subject outline

This subject will consider the law of succession which concerns the devolution of rights and obligations upon death: Probate, Wills and the Administration of Estates. In particular it deals with the transmission of property interets through testamentary processes (Wills) and through the rules of intestacy. 

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMatthew Groves

Available to Study Abroad StudentsNo

Subject year levelYear Level 3 - UG

Exchange StudentsNo

Subject particulars

Subject rules

Prerequisites LAW2FPL LAW2RPT

Co-requisites LAW3EQT or LAW3ETR

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsSuccession: Families, Property and Death: Text and CasesPrescribedRosalind Croucher and Prue Vines latest editionLEXISNEXIS BUTTERWORTHS

Graduate capabilities & intended learning outcomes

01. By the end of this semester, students will be able to apply the applicable legislation and provide advice to a client regarding a claim against an estate.

Activities:
Discussion Forums and Exam
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

02. By the end of this subject students will have learnt the skills of ascertaining a testator's instructions to create a Will by receiving and considering instructions

Activities:
Problem based activity (Consideration of instructions of will maker, to advise on estate planning, preparing new will or whether an existing will requires amendment)
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Discipline -Specific Knowledge and Skills (Discipline-Specific Knowledge and Skills)

03. By the end of this subject, students will be able to critically discuss the formalities required to make a valid will; what must be done to administer the estate of a deceased person; and the rules of construction.

Activities:
Discussion Forums and Exam
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)

Subject options

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Subject not currently offered - Subject options not available.