Details for LAW207 Succession Law

What happens to property after death is shaped carefully by law. Succession Law covers wills, intestacy, family provision, probate and administration. You’ll examine capacity and undue influence, formalities and judicial dispensing powers, revocation by marriage or divorce, statutory wills and the duties of executors and administrators. You’ll finish able to work through succession problems across the full life of a will and estate.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW207
• Credit points: 10

Subject Coordinator

Prerequisite

LAW204 Property Law; LAW203 Trusts 

Unit Content

Outcomes

1. Reflect on all aspects of the law of succession, including wills, intestacies, family provision and probate and administration.
2. Identify the developing jurisprudence in respect to the ‘statutory wills’ regime.
3. Analyse the restatement of the law relating to incapacity for will-making, including undue influence.
4. Examine the judicial dispensing powers in respect to formalities.
5. Identify statutory provisions covering the revocation of wills by marriage/divorce.
6. Examine family provision applications in all jurisdictions.
7. Identify instances leading to the removal and retirement of executors/administrators.

Subject Content

1.  Introduction and Course Review
2. The General Nature of a Will
3. Making a Will – The Mental Elements
4.  Making a Will – The Formal Requirements
5.  Revocation and Alteration, Republication and Revival of Wills
6. Construction of Wills
7. Gifts by Will
8. Distribution on Intestacy
9. Family Provision
10. Personal Representatives & Grants of Representations
11.  Functions and Duties of Personal Representatives
12. Powers, Rights and Liabilities of Person
13. Examination

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Class Presentation (20%)
2. Will Drafting Assignment (30%)
3. Final Examination (50%)

Prescribed Text

• Elise Bennett Histed and Ken Mackie, Principles of Australian Succession Law (4th ed, LexisNexis, 2022) 
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks