• Offered by ANU School of Legal Practice
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law, Legal Practice
  • Academic career PGRD
  • Course convener
    • Glenda Bloomfield
  • Mode of delivery Online
  • Offered in Spring Session 2019
    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:

  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

  1. - Taking Instructions ( Learning Outcomes 1,3, & 5) (null) [LO null]
  2. - Will Drafting Exercises for each of the 5 scenarios examined. Each scenario will be accompanied by 3 assessment items: (null) [LO null]
  3. 1. Critiquing Exercises - students will c (null) [LO null]

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.

Inherent Requirements

Not applicable

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 (7300SEVNL), 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), Master of Legal Practice (MLEGP), 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); OR Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five 1000 or 6100 level LAWS courses; OR Juris Doctor - online (MJDOL) and have completed LAWS8712 Australian Public Law & International Law B. Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number.

Prescribed Texts

Vik Sundar, Charles Rowland and Phillip Bailey, Discretionary Testamentary Trusts – Precedents and Commentary (LexisNexis, 2nd edition 2016). Now referred to by LexisNexis as Testamentary Trusts : Strategies and Precedents (LexisNexis, 2nd edition 2016).


Recommended access to:

Craig Birtles and Richard Neal, Hutley’s Australian Wills Precedents (LexisNexis,9th ed, 2016) . Please Note: The 9th edition is available on-line via the ANU Law Library.

Preliminary Reading

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
2019 $3840
International fee paying students
Year Fee
2019 $5460
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
8562 07 Oct 2019 25 Oct 2019 25 Oct 2019 13 Dec 2019 Online View

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