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.

Research-Led Teaching

Rules of succession law and considered and evaluated against their historical background and in terms of their coherence as a principled system. Such consideration is informed by the lecturer's own research in private law.

Recommended Resources

Rosalind Croucher and Prue Vines, Succession: Families, Property and Death (5th ed: LexisNexis Butterworths, 2018)

Ken Mackie, Principles of Australian Succession Law (3rd ed: LexisNexis Butterworths, 2017)

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	What is Succession Law?
2	Formal Requirements for Wills
3	Formal Requirements for Wills ctd
4	Revocation and Alteration of Wills
5	Testamentary Capacity and Intention to Make a Will
6	Probate and Letters of Administration
7	Executors and Administrators
8	The Text and Meaning of a Will
9	Failure of Gifts
10	Family Provision
11	Intestacy
12	Spare Week

Tutorial Registration

Tutorial attendance is optional. LLM students who wish to attend tutorials should contact the course convenor.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Research Essay 1	50 %	16/09/2019	18/10/2019	1, 2, 3, 4, 5, 6
Research Essay 2	50 %	01/11/2019	29/11/2019	1,2, 3, 4, 5, 6

* 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

There is no class attendance requirement for this course, although students are urged to attend lectures and do the prescribed and recommended reading on a weekly basis throughout the semester. All lectures will be recorded. Tutorials will not be recorded but notes on selected tutorial questions will be made available on Wattle at the end of the relevant week.

Examination(s)

Not applicable.

Assessment Task 1

Research Essay 1

Each students is to conduct independent research and write an essay on a topic provided in the Week 1 of classes.

Nature of Task: Compulsory and Non-redeemable. Failure to complete this task will result in a O for this assessment task.

Release: The topics will be available in Week 1 of the semester.

Due date: Monday, 16 September 2019 at 5:00pm (Late submission is permitted but late penalties apply.)

Word limit: 3500 words (maximum)

Estimated return date: End of Week 11; Individual written feedback will be provided to students using Turnitin.

Assessment Criteria:

• Independent Research
• Written Communication
• Structure of Essay
• Response to Question
• Referencing and Compliance with Citation Style

Assessment Task 2

Research Essay 2

Each student is to conduct independent research and write an essay on a topic chosen by the student. Students should consult individually with the course convenor about their topic and confirm their topics by Monday 23rd September 2019.

Nature of Task: Compulsory and Non-redeemable. Failure to complete this task will result in a O for this assessment task.

Due date: Friday 1 November 2019 at 5:00pm (Late submission is permitted but late penalties apply.)

Word limit: 3500 words (maximum)

Estimated return date: Release of final results. As this assessment will be marked online, marks will be available on the course Wattle site.

Assessment Criteria:

• Independent Research
• Written Communication
• Structure of Essay
• Response to Question
• Referencing and Compliance with Citation Style

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

Hard copy submission is not required in this course.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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.

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.

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.

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