• Offered by ANU Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career UGRD
  • Course convener
    • Dr Darryn Jensen
  • Mode of delivery In Person
  • Co-taught Course
  • Offered in First Semester 2020
    See Future Offerings

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.

Learning Outcomes

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

  1. State, interpret and apply the rules of succession law.
  2. Describe, analyse and critique some of the social and economic pressures that have influenced the development of succession law.
  3. Navigate the interaction between succession law and other areas of law such as contract law, property law and the law of trusts.
  4. Interpret wills and other documents which relate to succession.
  5. Conduct independent research and discuss the findings of that research in written form.

Other Information

Classes may be offered in non-standard sessions and be taught on an intensive base with compulsory contact hours (a minimum of 36 hours). Please refer to the LLB timetable for dates. Please contact the ANU College of Law Student Administration Services to request a permission code to enrol in classes offered in non-standard sessions.

Indicative Assessment

  1. Research Essay (2500 words) (50) [LO 2,5]
  2. Take-home exam (three hours writing time/up to 2500 words) (50) [LO 1,3,4]

In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle. 

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

Classes offered during semester periods are expected to have 3 contact hours per week (a minimum of 36 hours). Students are generally expected to devote at least 10 hours overall per week to this course.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Bachelor of Laws (LLB, LLB(H)), have completed or be completing five 1000 level LAWS courses and have completed LAWS2204 Property. You must have completed or be currently studying LAWS2205 Equity and Trusts; OR Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five 1000 or 6100 level LAWS courses and have completed LAWS2204/LAWS6204 Property. You must have completed or be currently studying LAWS2205/LAWS6205 Equity and Trusts. You are not able to enrol in this course if you have previously completed LAWS8436 Succession.

Prescribed Texts

Rosalind Croucher and Prue Vines, Succession: Families, Property and Death (4th ed: LexisNexis Butterworths, 2013)

Assumed Knowledge

A general knowledge of the law of contract, property and trusts will be assumed.

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
2020 $4110
International fee paying students
Year Fee
2020 $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.

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
4166 24 Feb 2020 02 Mar 2020 08 May 2020 05 Jun 2020 In Person View

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions