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.

School: La Trobe Law School

Credit points: 15

Subject Co-ordinator: Matthew Groves

Available to Study Abroad Students: No

Subject year level: Year Level 3 - UG

Exchange Students: No

Subject particulars

Subject rules

Prerequisites: LAW2FPL LAW2RPT

Co-requisites: LAW3EQT or LAW3ETR

Incompatible subjects: N/A

Equivalent subjects: N/A

Special conditions: N/A

Learning resources

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 not currently offered - Subject options not available.