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.
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.
- Research Essay (2500 words) (50) [LO 2,5]
- 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.
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.
Requisite and Incompatibility
Rosalind Croucher and Prue Vines, Succession: Families, Property and Death (4th ed: LexisNexis Butterworths, 2013)
A general knowledge of the law of contract, property and trusts will be assumed.
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:
- 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.
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.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.