- Class Number 4166
- Term Code 3030
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Dr Darryn Jensen
- Dr Darryn Jensen
- Class Dates
- Class Start Date 24/02/2020
- Class End Date 05/06/2020
- Census Date 08/05/2020
- Last Date to Enrol 02/03/2020
The course examines the law governing succession to property after the death of the owner.
Major topics include:
- the nature of wills;
- capacity to make a will, intention to make a will, undue influence, formalities for making a will and how a will is revoked and altered;
- the interpretation of wills;
- the administration of deceased estates;
- how an estate is divided when there is no will; and
- how the law protects family members against being disinherited by will.
The course concentrates on the law of New South Wales and the ACT. Occasionally, comparisons are made to the law of other Australian jurisdictions.
Upon successful completion, students will have the knowledge and skills to:
- State, interpret and apply the rules of succession law.
- Describe, analyse and critique some of the social and economic pressures that have influenced the development of succession law.
- Navigate the interaction between succession law and other areas of law such as contract law, property law and the law of trusts.
- Interpret wills and other documents which relate to succession.
- Conduct independent research and discuss the findings of that research in written form.
Rules of succession law are considered and evaluated against their historical background, in terms of their coherence as a principled system and as a response to public policy considerations. Such consideration is informed by the lecturer's own research in private law.
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)
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
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.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.
|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|
Tutorial registration is required. Tutorial sign-on by Wattle will open on Tuesday 11th February at 9am. Tutorial attendance is NOT compulsory and NOT assessable, but attendance is strongly recommended.
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Optional Online Quiz||0 %||06/04/2020||06/04/2020||1|
|Essay||50 %||14/04/2020||15/05/2020||1, 2, 3, 5|
|Take Home Examination||50 %||15/06/2020||09/07/2020||1, 2, 4|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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:
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.
This course involves reading, thinking and arguing. Effective participation in this course requires around 6 hours of reading each week. You should seek to read as much of the recommended reading for the week as you can.
Students are expected to prepare for both lectures and seminars and to engage critically in the discussion that takes place there. Neither lecture attendance or tutorial attendance is compulsory but it is, in part, by means of such engagement and the feedback you get from that that you will be able to evaluate and enhance the quality of your learning of the course content and skills. Lectures will be recorded. Tutorials will not be recorded but notes on selected tutorials will be available on Wattle at the end of the relevant weeks.
To further enhance your learning in this course you may also find it useful to regularly access the course WATTLE site.
Please note that the date for the final take home exam is provisional only. Students should rely on the final examination timetable when it is released.
Assessment Task 1
Learning Outcomes: 1
Optional Online Quiz
Brief Details: The quiz will consist of ten (10) multiple choice questions. The quiz is designed to enable students to test their understanding of basic concepts of succession law without any effect on their final grades.
Nature of task: Optional
Release: 9:00am Monday, 30 March 2020 via WATTLE.
Due date: 9:00am Monday, 6 April 2020 via WATTLE. No late submissions are accepted.
Estimated return date: A mark (out of 10) and feedback will be provided immediately upon completion of the quiz.
Assessment Criteria: Students’ marks for this assessment will not count towards their final grades, but the feedback to students will include a mark out of 10 based on the number of correct responses.
Assessment Task 2
Learning Outcomes: 1, 2, 3, 5
Brief Details: Students will do independent research and write an essay on their choice of one of the two topics supplied by the lecturer.
Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a 0 for this assessment task.
Release: The topics will be available in Week 1 of the semester.
Due date: 5:00 pm Tuesday, 14 April 2020 via Turnitin. Late submission (without an extension) is permitted but late penalties apply.
Word limit: 2500 words
Estimated return date: End of Week 9; Individual written feedback will be provided to students using Turnitin.
Other: AGLC style referencing of sources is required.
- Independent Research
- Written Communication
- Structure of Essay
- Response to Question
- Referencing and Compliance with Citation Style
Assessment Task 3
Learning Outcomes: 1, 2, 4
Take Home Examination
Brief Details: This examination will consist of problem-style questions. All topics will be examinable. As this is a take-home examination, students may access any materials during the examination. Short form referencing of sources may be used, i.e. AGLC referencing style is not required.
Nature of Task: Compulsory and non-redeemable. Non-submission of this task will result in a 0 for this assessment task.
Release: 9:00am Monday 15 June 2020 (to be confirmed) via Turnitin
Due: 12:00 noon Monday 15 June 2020, (to be confirmed) via Turnitin. (Late submission is not permitted.)
Duration: Three (3) hours.
Permitted Material: Any material.
Estimated return date: Release of final results. As this assessment will be marked online, marks will be available on the course Wattle site via Turnitin.
- Structure and Organisation
- Written Expression and Referencing
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.
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.
Hard copy submission is not required in this course.
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.
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.
All assessment for this course will be submitted online, so assessment marks and feedback will be accessible online.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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.
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
Trusts, Private Law Theory (including theories of property), Adjudication theory, Charitable and religious institutions.
Dr Darryn Jensen