Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Our legal system is premised on the right of individuals to own private property. As succession deals with the legal consequences of death on a person's property, it is a natural and logical part of a complete course in real property. It has links to other important areas of law, namely equity (and trusts) and family law, and is considered by some to be a branch of family law, because the redistribution of property usually occurs in the family context.

Succession is a strongly developing area of legal practice. Family provision actions are increasing as many more persons challenge will dispositions or inheritance by way of intestacy on the grounds of inadequate provision. Estate planning is becoming a major area of practice. The notion of what is the 'estate' at death is a developing area of law, with some inter vivos transactions being set aside as unconscionable bargains or contracts being of limited effect. The effect of these developing remedies is to increase the 'estate' available to be distributed at death. Some states have an expanded concept of a 'notional estate', which may be introduced in Queensland with the development of Uniform Probate Laws. Succession with its links to real property, equity and family law will assist students to see the links between different areas of law.

Aims

The unit aims to provide you with a critical understanding of the rules and principles relating to wills, intestacy, the administration of a deceased estate, family provision, what lies in the 'estate' at death, and an introduction to estate planning.

Objectives

At the completion of this unit you should be able to:

1. Explain the fundamental principles of succession law, in particular the Queensland Succession Act 1981;
2. Explain the role of a personal representative in winding up an estate and an introduction to basic principles of estate planning;
3. Appreciate the growing intersection between equitable principles and succession rules in determining the 'estate' at death;
4. Appreciate the historical development of the rules and the potential for reform (particularly developments in relation to Uniform Probate Laws) and dynamic change in response to changing social and economic conditions;
5. Appreciate taxation consequences attaching to the way a will and/or trust is structured;
6. Demonstrate oral and written communication skills in respect of the subject content objectives.

Content

The law of Succession deals with the legal consequences of death on a person's property, whether that person leaves a will or not. Much of the law of succession concerns rules and principles relating to wills, but it is also generally concerned with the redistribution of property on death, as in the event of intestacy or where there is a will which makes inadequate provision for family members or other 'dependants'.

• General principles of will making and construction


• Rules of intestacy


• Taxation of deceased estates


• Payment of debts and the order of application of assets


• Family provision,


• Introduction to estate planning


• Duties and powers of personal representatives

Skills
In this unit you will further develop the following skills:

• Legal Research;


• Critical thinking and legal analysis;


• Problem solving;


• Written communication; and


• Social justice orientation.

Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
5. Work Independently and Collaboratively; and
6. Professional, Social and Ethical Responsibility.

For a full description of the law graduate capabilities see the LWB309 Blackboard site.

Approaches to Teaching and Learning

You will be required to attend two hours of formal instruction each week. This forum will be taped for the benefit of external students. Some sessions will be in the form of lectures, some will be tutorials/workshops and some will be a combination of both lecture and tutorial/workshop. All sessions are designed to provide as much interaction as possible between the lecturer and the student. They will provide a forum for overview, analysis, evaluation and discussion of Succession law.

This unit is also supported by the Blackboard site.

External Attendance School
There is no external attendance school in this unit.

Assessment

In this unit you will be graded on a scale of one to seven.

Overview of Assessment:
Summative assessment will be based on your assignment and end of semester examination.

Faculty Assessment Information
To access the Law Faculty Assessment Information see the Blackboard site for this unit.Feedback on the development of your understanding of the law and skills learnt in this unit is provided through:

• Interaction during lectorials (internal students)


• The individual written feedback on your assignment;


• The generic feedback on the assignment placed on the unit's Blackboard site;


• The generic feedback on the examination placed on the unit's Blackboard site; and


• The option of private consultation with a member of the teaching team during student consultation.

You should reflect upon the feedback on your assessment in this unit (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:

• gaps in your knowledge and understanding of the legal principles;


• inadequacies in your problem solving methodology;


• strategies to improve your problem solving, oral and written communication skills in further assessment; and


• areas for improvement for future studies within the LLB.

You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio.

Assessment name: Research Paper
Description: Assignment which must be completed in a group of between 2-4 students of 2,000 words, due in week 6 and weighted at 20%.
Relates to objectives: 1-6
Weight: 20%
Internal or external: Both
Group or individual: Group
Due date: Week 6

Assessment name: Quiz
Description: Online multiple choice quiz re taxation segment.
Relates to objectives: 5
Weight: 20%
Internal or external: Both
Group or individual: Individual
Due date: Week 10

Assessment name: Examination (theroy)
Description: Final open book exam.
Relates to objectives: 1-4 and 6
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed materials:

Legislation

Succession Act 1981 (Qld)

Text

Ken Mackie, Principles of Australian Succession Law, LexisNexis, 2007.

Reference Materials:

WA Lee and AA Preece, Lee's Manual of Queensland Succession Law 6th ed, LBC, 2007.
RF Atherton and P Vines, Succession-Families Property and Death 3rd ed, LexisNexis Butterworths, 2009

Blackboard Site
Online resources for this unit are available on the unit Blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 11-Oct-2012