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Unit of Study LAWS2018 - Wills and Estates (2024)

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Unit Snapshot

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Unit description

Introduces students to the statutory provisions and cases governing wills, including the nature, characteristics and interpretation of wills and the formal requirements for validity. Explores the legislative provisions and procedures applicable to obtaining a grant of representation (probate or letters of administration) following a person's death, and the duties of personal representatives and trustees. The law of intestate succession and testator's family maintenance are also explored.

Unit content

Module 1: Making a will – the mental elements
Module 2: Making a will – the formal requirements
Module 3: Construction of wills and gifts
Module 4 Drafting and changing a will
Module 5: Grants of representation
Module 6: Family provision and intestacy

Availabilities

Location Domestic International
Gold Coast
Summer Term
Term4
Summer Term
Term4
Online
Summer Term
Term4
Summer Term
Term4

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

generate creative and appropriate responses to legal problems.

apply knowledge of succession law in drafting a will which gives effect to the testator's instructions and which conforms to all necessary requirements for a valid will.

demonstrate knowledge of the principles applicable to the management of a deceased estate.

effectively communicate in writing to non-legal audiences the law on succession, intestacy and family provisions.

Prescribed learning resources

Prescribed Texts
  • Birtles, C & Neal, R, 2016, Hutley's Australian Wills Precedents, 9th edn, LexisNexis Butterworths, Sydney. ISBN: 9780409344042.
  • Mackie, K, 2017, Principles of Australian Succession Law, 3rd edn, LexisNexis Butterworths, Sydney. ISBN: 9780409345315.
Prescribed Resources/Equipment

  • Access to a computer and reliable internet connection.

Prescribed Texts
  • Birtles, C, Neal, R & Sims, C, 2021, Hutley's Australian Wills Precedents, 10th edn, LexisNexis Butterworths, Sydney. ISBN: 9780409351835 (Paperback); 9780409352528 (Hardback); 9780409351842 (e-Book).
  • Mackie, K & Histed, EB, 2022, Principles of Australian Succession Law, 4th edn, LexisNexis Butterworths, Sydney. ISBN: 9780409355239 (Print version); 9780409355246 (e-Book).
Prescribed Resources/Equipment

  • Access to a computer and reliable internet connection.

Prescribed Learning Resources may change in future Teaching Periods.