• Offered by ANU Legal Workshop
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law, Legal Practice
  • Academic career PGRD
  • Course convener
    • Christie Gardiner
  • Mode of delivery Online
  • Offered in Spring Session 2016
    See Future Offerings
This Course will focus on complex and technical will drafting, including different forms of testamentary trust wills. The prescribed text for the Course includes an open-source and public resource testamentary trust drafting system which students can use. However, the course content will be based around the underpinning principles and will be applicable to the use of other will drafting precedent systems or for bespoke will drafting. 
 
During the Course students will be presented with five of the most common scenarios encountered in practice
and students will learn how to draft a will appropriate for each scenario. Some of the scenarios to be examined are:
- Various situations in Blended Families, 
- Vulnerable Beneficiaries,
- Drafting for a Right of Residence.
 
Other issues such as drafting specific gifts into Testamentary Trusts will also be addressed. 
 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements should be able to:
1. Demonstrate mastery of theoretical knowledge of law and legal practice, applicable research principles and methods in a range of contexts to draft complex wills.
2. Demonstrate specialised knowledge of recent developments in legal practice in the area of will drafting.
3. Apply professional knowledge, skills and ethical responsibilities to review, analyse and synthesise knowledge and information to advise and represent clients  in a practical legal context.
4. Demonstrate specialised technical skills in the drafting of complex wills and apply critical thinking, creativity and initiative to justify and explain conclusions and solutions.
5. Demonstrate high level personal autonomy and accountability in legal practice through professional and ethical behaviour.

Indicative Assessment

- Taking Instructions ( Learning Outcomes  1,3, & 5)
- Will Drafting Exercises for each of the 5 scenarios examined. Each scenario will be accompanied by 3 assessment items:
     1. Critiquing Exercises - students will critique will drafting addressing the scenario under consideration,
     2. Drafting Exercises - students will be required to draft a will to address each of the scenarios using the     
         precedents supplied,
     3. Commentary - a commentary explaining decisions made in drafting (Learning Outcomes 1, 2, 3, 4 & 5 )
- Discussion Board Postings.(Learning Outcomes 1, 2 & 3).

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

The equivalent of a standard LLM course workload by working with online materials, participating in online discussions and activities, private study and completing assessment tasks.
This is a wholly online course. It requires online participation throughout the duration of the course.

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Legal Practice (MLEGP). OR Must be studying a: Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Studies (7305XMLEGS), and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation. OR Must be studying a Master of Military Law (MMILL) OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B

Prescribed Texts

Awaiting publication of prescribed text (early 2016).
 Craig Birtles and Richard Neal, Hutley’s Australian Wills Precedents (LexisNexisButterworths Australia, 8th Edition 2014).

Preliminary Reading

Primary materials will include materials prepared by the instructor. The course will utilise existing library holdings applicable to LAWS 4236 (Succession) and LEGW 8114 (Wills, Probate and Administration).

The course outline will be available on the Wattle course page.

Assumed Knowledge

Understanding of basic concepts of Succession law and Will Drafting.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2016 $3252
International fee paying students
Year Fee
2016 $4638
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Spring Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
9694 03 Oct 2016 07 Oct 2016 21 Oct 2016 09 Dec 2016 Online N/A

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