• Offered by ANU Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • Dr Darryn Jensen
  • Mode of delivery In Person
  • Co-taught Course
  • Offered in Second Semester 2019
    See Future Offerings

With our ageing population succession law is a growing area of practice for legal practitioners. The course examines the law governing succession to property after the death of the owner. Succession law touches every family, and, eventually, all of us.

Major topics include:

    the nature of wills and their relationship to contracts;
    capacity to make a will, fraud on the testator, undue influence, formalities for making a will and how a will is revoked;
    what wills mean and how they are applied;
    the principles and practice of drafting wills;
    loss of capacity to benefit under a will; for instance, for killing the testator;
    how an estate is divided when there is no will; and
    how the law protects family members against being disinherited by will.

The law on the various topics is considered in a social and political context, and the principles and rules are related to theory and to practice.  While the course concentrates on the law of the ACT, students will also frequently make comparisons and consider the law in other jurisdictions.  It follows that considerable attention is given to pressures and directions for reform.

Learning Outcomes

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

1. Examine, assess and apply the basic principles of the Law of Succession; 
2. Synthesise, evaluate and apply the detailed ruled of Succession law in relation to relevant legal principles in selected areas; 
3. Investigate and critically evaluate the socio-political imperatives that drive the development of the Law of Succession;
4. Explore and compare the relationship and interaction between the Law of Succession and other areas of law, such as Taxation, Estate Planning, Contract Law, Family Law, Property Law, and the Law of Trusts; 
5. Synthesise and critically analyse the practice of the Law of Succession in selected areas, including the relationship between law and practice and the principles of Will Drafting; and 
6. Critically examine and apply principles of ethical practice and professional responsibility in the practice of Succession Law. 

Indicative Assessment

Seminar writing tasks (20%, 1000 words)
Drafting a will/or a research assignment (30%, word limits in study guide)
Take-home exam (50%, 2,700 words)

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

Three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this 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 (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. You are not able to enrol in this course if you have previously completed LAWS4236 Succession.

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

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.

Second Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
9584 22 Jul 2019 29 Jul 2019 31 Aug 2019 25 Oct 2019 In Person View

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