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.

Research-Led Teaching

Throughout the course, the statement of the law is illuminated and set in community context by illustrations and examples. The political pressures, policy imperatives and legal reform considerations are integral to current research in this area and are a key feature in the delivery of this course.

Required Resources

The prescribed text for this course is:

• Vik Sundar, Charles Rowland and Phillip Bailey, Discretionary Testamentary Trusts – Precedents and Commentary (LexisNexis, 2nd edition 2016).

Some selected precedents from this book will be available on the Wattle course site.

It is recommended that you have 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.

Recommended Resources

Other useful books

• Rosalind Croucher and Prue Vines, Succession: Families, Property and Death: Text and Cases (LexisNexis/Butterworths, 4th ed, 2013).
• GE Dal Pont and KF Mackie, Law of Succession (LexisNexis,2nd ed. 2017). Please Note:The 1st edition is available on-line via the ANU Law Library
• Julie Cassidy, Mutual Wills (Federation Press 2000).
• John K de Groot and Bruce W Nickel, Family Provision in Australia (LexisNexis Butterworths, 5th ed, 2016).
• Michael Perkins, Estate Planning: A Practical Guide for Estate and Financial Services Professionals (LexisNexis 4th edition, 2016).
• Ken Mackie, Principles of Australian Succession Law (LexisNexis, 3rd ed, 2017).
• Thomson Reuters, Australian Succession Law, David Haines, Leonie Englefield and Madeleine Harland, (available online via ANU Law Library).
• Thomson Reuters, The Law of Trusts, Ford & Lee, (available online via ANU Law Library).
• LexisAdvance, Halsbury’s Laws of Australia (available online via ANU Law Library).
• LexisAdvance, Succession Law and Practice New South Wales, K Mason and LG Handler, (available online via ANU Law Library).
• Lexis Advance, Wills Probate and Administration WA (available online via ANU Law Library)
• LexisAdvance, Wills Probate and Administration Vic (available online via ANU Law Library).

 

National Committee for Uniform Succession Laws Discussion Papers and Reports:

• Queensland Law Reform Commission, Administration of Estates of Deceased Persons: Report of the National Committee for Uniform Succession Laws to the Standing Committee of Attorneys General, Report No 65, April 2009.
• Queensland Law Reform Commission, Report to the Standing Committee of Attorneys General on Family Provision, Miscellaneous Paper 28, 1997.
• Queensland Law Reform Commission, Consolidated Report to the Standing Committee of Attorneys-General on The Law of Wills, Miscellaneous Paper No 29, December 1997).
• NSW Law Reform Commission, Uniform Succession Laws: Intestacy, Report No 116, 2007.
• Several of the state law reform Commissions have their own reports on succession law.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the convenor. If you feel that your feedback and grade does not reflect your performance, please contact the convenor in writing and outline your concerns. Your submission may be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

 

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

 

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html. Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/. To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access virtual through http://virtual.anu.edu.au/login.

Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia. Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year.

The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/.

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to course Basic Will drafting Discretionary Testamentary Trusts	Assessment 1 released: Monday, 7 October 2019
2	Construction and Interpretation of Wills Professional Responsibility	Assessment 4 released: Monday, 14 October 2019
3	Scenario 1 – ‘The Nuclear Family	Assessment 1 due: Sunday, 20 October 2019 11.55pm (AEDT) Assessment 2 released: Monday, 21 October 2019
4	Scenario 2 – ‘The Blended Family’
5	Scenario 3 – ‘The Vulnerable Beneficiary’
6	Scenario 4 – ‘The Disabled Beneficiary’
7	Scenario 5 – ‘A Right of Residence’	Assessment 2 due: Monday, 18 November 2019 5.00pm (AEDT) Assessment 3 & 5 released: Monday, 18 November 2019
8	Drafting specific gifts into TT’s Drafting different gifts between beneficiaries into TT’s Virtual Estate	Assessment 3 due: Monday, 25 November 2019 5.00pm (AEADT)
9	Mentored Will Drafting assessment period	Assessment 4 due: Monday, 2 December 2019 5.00pm (AEDT)
10	Mentored Will Drafting assessment period	Assessment 5 due: Friday, 13 December 2019 5.00pm (AEDT)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Self-Marking Quiz (CRS)	0 %	20/10/2019	20/10/2019	1
Will Drafting Analysis (25%)	25 %	05/11/2019	18/11/2019	1,2,3,5
Will Plan (0%)	0 %	25/11/2019	30/11/2019	1,2,3,4,5
Discussion Board Postings (20%)	20 %	02/12/2019	18/12/2019	1,2,3
Will Drafting (50%)	50 %	15/12/2019	03/01/2020	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

Australian Eastern Daylight Time (AEDT): from 7 October 2019 to 5 April 2020.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Self-Marking Quiz (CRS)

Format: Online Quiz - The quiz is designed so that you can check your knowledge of foundational Succession Law concepts before moving onto the more advances aspects of will drafting.

Release Date: Monday, 7 October 2019

Submission Date: Sunday, 20 October 2019 11.55pm (AEDT)

Estimated Date of Results: The quiz is self-marking and your results will be available once answers are submitted

Assessment Task 2

Will Drafting Analysis (25%)

Format: You will be required to provide a written analysis of a Will.

Release Date: Monday, 21 October 2019

Submission Date: Monday, 5 November 2019 5.00pm (AEDT)

Length: 2,000 words.

Estimated Date of Results: Monday, 18 November 2019

Assessment Criteria:

Understand the Issues

• issues raised by the document are clearly and concisely identified
• addresses the issues and covers all the important elements
• evidence of close consideration of the issues and the research materials drawn on
• material chosen relates clearly to the client or issues and is analysed and applied

Communication & Development of Argument

• demonstrated clear order of content
• arguments / sequences / content logical and well-organised
• sequences / paragraphs linked coherently

Argument/Analysis

• originality of application of principles and critical analysis and application of the material
• complexity and insight in dealing with theory/ideas and practical application to the issues raised
• changes made where appropriate and legally accurate reasons given
• addressing opposing arguments
• well-reasoned legally accurate application to provide a practical fit for purpose document

Research

• research covering relevant legal and non-legal materials
• demonstrated ability to synthesise and apply relevant research materials
• use of theoretical material where appropriate

Presentation, style and referencing

• structure, section headings and paragraphs appropriate for the document
• clear and accurate expression of facts and law
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography (where required)
• style according to Australian Guide to Legal Citation (where required)
• adherence to any word limit specified or as appropriate for the document

Assessment Task 3

Will Plan (0%)

Note: This assessment is not compulsory

Format & Release Date: Full client instructions for preparation of their Will will be released on Monday, 18 November 2019

Submission of a Will Plan is an opportunity to receive feedback before submitting the Fully Drafted Will.

Submission Date: If you decide to submit a Will Plan you must submit by Monday, 25 November 2019 5.00pm (AEDT)

Length: No word limit. A template for use as a Will Plan will be provided.

Estimated Date of Results: Feedback will be returned to you by Saturday, 30 November 2019

Assessment Task 4

Discussion Board Postings (20%)

Format: Commencing in Week 2, we will begin considering Will drafting issues in the context of the 5 scenarios listed in the Course Overview. You must contribute at least three discussion postings addressing issues arising in three different scenarios. Postings need not be limited to ‘text’ or written responses – you are encouraged to include links, videos, illustrations, graphs and so on. These will all create further interest for other participants as well as providing some useful resources.

Apart from a critique that identifies, analyses and evaluates issues arising, matters that you might include in your discussion postings are:

• problems in practice – please be careful of confidentiality issues
• discussion of recent decisions, perhaps even an older case that interests you
• because participants in this course are from various jurisdictions, comparative law discussions
• ideas for law reform
• anything that you think will add to and be of interest to the course.

You are of course invited and welcome to contribute more than the three required postings.

You will choose the postings that you wish to submit for assessment. This way you can fully engage in the discussions without being concerned that every contribution will be assessed. When making your choice as to which postings to submit for assessment, you must also submit an accompanying short commentary explaining why you think those postings were interesting or useful and how they added to the discussion in the course.

In choosing which postings to present for assessment the following course requirements must be met:

• A total of three (3) postings must be nominated.
• In selecting your postings for assessment you must submit 2 postings chosen from the following topics:
• The Nuclear Family,
• The Blended Family,
• The Vulnerable Beneficiary,
• The Disabled Beneficiary,
• Right of Residence.
• A third posting which may be on one of the scenarios listed above or on one of the following topics:
• Construction of Wills
• Professional Responsibility
• Drafting specific gifts into Testamentary Trusts
• Drafting different gifts between beneficiaries into Testamentary Trusts.
• Each of your nominated postings must be on a different topic.

Marks: Each of the three posting is worth 5% (15% of the mark), with the accompanying short commentary worth an additional 5%, for a total of 20%.

Relevant in awarding marks will be the ‘timeliness’ of the posting. Making postings in the final week of the assessment period on Topics that were discussed early in the course usually adds little to the overall development of the discussion in particular and the course in general and will be reflected in the marks awarded. There are exceptions to this of course e.g. if a new decision is handed down which impacts on previous discussions.

Submission Date: Postings should be made throughout the course. One document containing your Selected Postings and Commentary must be submitted by Monday, 2 December 2019 5.00pm (AEDT)

Length: Each posting should be 300-500 words. Your commentary should also be 300-500 words in total (not per posting).

Estimated Date of Results: Wednesday, 18 December 2019

Assessment Criteria:

Preparation and understanding of the material

• consulting and reading materials relevant to the topic under discussion
• linking material between various aspects of the course
• consulting literature identified in the reading and course guide
• where necessary undertaking original research

Thinking critically about the material

• looking at questions from different angles
• questioning assumptions

Presentation of material to class

• expressing ideas clearly
• use of appropriate language
• use of relevant and interesting illustrations and resources (i.e. graphs, recordings, links)
• timely postings

Engagement with the Class

• responding to questions from fellow students and instructor
• treating all members of the class respectfully
• maintaining class interest

Assessment Task 5

Will Drafting (50%)

Release Date: Full client instructions for preparation of their Will will be released on Monday, 18 November 2019

Format:

There are two components to this assessment:

1. Fully Drafted Will (20%) - You are required to Draft a Will meeting the client’s requirements. The will must be drafted using precedents provided and/or developed during the course. The Will document should be properly structured and have the appearance of a Will ready for execution by the client.
2. Commentary on Will Drafting (30%) - The fully drafted Will must be accompanied by a Commentary outlining your reasons for decisions made in drafting the Will and explaining the effect of provisions used.

Submission Date: Both the Fully Drafted Will and Commentary must be submitted Sunday, 15 December 2019 5.00pm (AEDT)

Length:

1. Fully Drafted Will - There is no word limit on the fully drafted Will. However, you should consult the Assessment Criteria below.
2. Commentary on Will Drafting - A word limit of 2,000 words.

Estimated Date of Results: Friday, 3 January 2020

Assessment Criteria:

Content

• identification of the legal issues raised in the
• addressing issues raised in the scenario
• legal principles stated/explained with accuracy in the Commentary
• legal principles stated/explained in appropriate detail
• relevant facts recognised and linked to the legal principles
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’
• originality/innovation in approach to issues

Structure/organisation

• correct use of precedents
• precise drafting of Will
• correct formatting of Will in accordance with the precedents
• emphasis on the significant issues
• answer is coherent and structure logical

Expression

• good use of structure, section headings and paragraphs in Commentary
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography where appropriate
• style according to Australian Guide to Legal Citation where appropriate
• adherence to word limit

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1. Wattle dropbox and Turnitin, or
2. Wattle dropbox only, or
3. Turnitin only.

Please read the instruction for each assessment carefully.

• Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.
• Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by tick boxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.
• Please keep a copy of all your assessments for your records.
• Assessments must be submitted in the format identified in the assessment instructions, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.
• Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered. 

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Policy regarding late submission is detailed below:

• Late submission permitted - Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
• Extensions late submission and penalties - https://law.anu.edu.au/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students