LLB346 Succession Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB346 |
|---|---|
| Prerequisite(s): | LWB241 or LLB205 |
| Antirequisite(s): | LWB309 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | LLB346 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LWB241 or LLB205 |
| Anti-requisite: | LWB309 |
| Coordinator: | Kelly Purser | k.purser@qut.edu.au |
Overview
Our legal system is premised on the right of individuals to own private property. Succession deals with the legal consequences of death on a person's property. It has links to other important areas of law, namely equity and trusts, property law and family law.
Succession is a strongly developing area of legal practice. Family provision actions are increasing as more people 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. With its links to real property, equity, trusts and family law, Succession will assist you to see the connection between different areas of law.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the fundamental principles of succession law, in particular the Queensland Succession Act 1981 (CLO 1.1)
- Analyse the role of a personal representative in winding up an estate and apply the basic principles of estate planning (CLO 1.1)
- Critically evaluate the growing intersection between equitable principles and succession rules in determining the 'estate' at death (CLO 2.3)
- Investigate the historical development of the rules and the potential for reform in response to changing social and economic conditions (CLOs 1.4, 2.3)
- Communicate clearly and concisely, applying persuasive writing skills and legal writing conventions (CLO 4.1)
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'. Content will include:
- general principles of will-making, including the formal and mental requirements for a valid will, and construction
- rules of intestacy
- payment of debts and the order of application of assets
- family provision
- introduction to estate planning
- duties and powers of personal representatives
Learning Approaches
This unit employs an active and collaborative approach to learning with a focus on the theoretical and practical application of the content. It involves self-led learning practice and live workshops where you will learn from expert(s) and your peers. Prior to workshops, you will be supported and engaged in this unit through the weekly delivery of unit materials that will introduce a range of practical and theoretical perspectives to be explored in the live workshops, including developing skills in providing practical advice for the resolution of real world problems.
Your participation in the unit will include:
- Independent engagement with online materials and prescribed readings;
- discussions in live workshops; and
- collaboration with peers and expert(s) to network as well as share your understanding.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the law and skills learnt in this unit is provided through:
- interaction during workshops;
- the individual written feedback on your assignment;
- the generic feedback on the assignment, placed on the unit's Canvas site;
- the generic feedback on the examination, placed on the unit's Canvas 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 Canvas) 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(Hons).
Assessment
Overview
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 (2000 words worth 40%) and end-of-semester examination (60%).
Faculty Assessment Information
To access the Law School Assessment Information, see the Canvas site for this unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research Paper
Acting as a junior lawyer, you have been asked by your senior partner to write a critique of a current issue in succession law and/or policy, which requires you to present differing points of view informing your argument - which will be based on critical reasoning and analysis of relevant sources, including cases and legislation.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Online Examination (Theory)
Timed end of semester examination assessing whole of unit content when applied to practical scenarios and theory based questions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on its Canvas site.
Resource Materials
Prescribed text(s)
Legislation: Succession Act 1981 (Qld)
Text: Ken Mackie, Principles of Australian Succession Law (LexisNexis Butterworths, 4th edition, 2022)
Recommended text(s)
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019)
RF Atherton and P Vines, Succession - Families, Property and Death (LexisNexs Butterworths, 6th ed, 2023)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Unit Outline: Semester 1 2024, Online
| Unit code: | LLB346 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LWB241 or LLB205 |
| Anti-requisite: | LWB309 |
Overview
Our legal system is premised on the right of individuals to own private property. Succession deals with the legal consequences of death on a person's property. It has links to other important areas of law, namely equity and trusts, property law and family law.
Succession is a strongly developing area of legal practice. Family provision actions are increasing as more people 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. With its links to real property, equity, trusts and family law, Succession will assist you to see the connection between different areas of law.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the fundamental principles of succession law, in particular the Queensland Succession Act 1981 (CLO 1.1)
- Analyse the role of a personal representative in winding up an estate and apply the basic principles of estate planning (CLO 1.1)
- Critically evaluate the growing intersection between equitable principles and succession rules in determining the 'estate' at death (CLO 2.3)
- Investigate the historical development of the rules and the potential for reform in response to changing social and economic conditions (CLOs 1.4, 2.3)
- Communicate clearly and concisely, applying persuasive writing skills and legal writing conventions (CLO 4.1)
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'. Content will include:
- general principles of will-making, including the formal and mental requirements for a valid will, and construction
- rules of intestacy
- payment of debts and the order of application of assets
- family provision
- introduction to estate planning
- duties and powers of personal representatives
Learning Approaches
This unit employs an active and collaborative approach to learning with a focus on the theoretical and practical application of the content. It involves self-led learning practice and live workshops where you will learn from expert(s) and your peers. Prior to workshops, you will be supported and engaged in this unit through the weekly delivery of unit materials that will introduce a range of practical and theoretical perspectives to be explored in the live workshops, including developing skills in providing practical advice for the resolution of real world problems.
Your participation in the unit will include:
- Independent engagement with online materials and prescribed readings;
- discussions in live workshops; and
- collaboration with peers and expert(s) to network as well as share your understanding.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the law and skills learnt in this unit is provided through:
- interaction during workshops;
- the individual written feedback on your assignment;
- the generic feedback on the assignment, placed on the unit's Canvas site;
- the generic feedback on the examination, placed on the unit's Canvas 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 Canvas) 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(Hons).
Assessment
Overview
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 (2000 words worth 40%) and end-of-semester examination (60%).
Faculty Assessment Information
To access the Law School Assessment Information, see the Canvas site for this unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research Paper
Acting as a junior lawyer, you have been asked by your senior partner to write a critique of a current issue in succession law and/or policy, which requires you to present differing points of view informing your argument - which will be based on critical reasoning and analysis of relevant sources, including cases and legislation.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Online Examination (Theory)
Timed end of semester examination assessing whole of unit content when applied to practical scenarios and theory based questions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on its Canvas site.
Resource Materials
Prescribed text(s)
Legislation: Succession Act 1981 (Qld)
Text: Ken Mackie, Principles of Australian Succession Law (LexisNexis Butterworths, 4th edition, 2022)
Recommended text(s)
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019)
RF Atherton and P Vines, Succession - Families, Property and Death (LexisNexs Butterworths, 6th ed, 2023)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.