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 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.

Required Resources

Textbook

Ken Mackie and Elise Bennett Histed, Principles of Australian Succession Law (4th ed: LexisNexis, Sydney, 2023)

- A full list of readings/E brick will also be made available on Wattle two weeks prior to the course commencement date

Statutes (available online)

Succession Act 2006 (NSW)

Probate and Administration Act 1898 (NSW)

Wills Act 1968 (ACT)

Administration and Probate Act 1929 (ACT)

Family Provision Act 1969 (ACT)

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: 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 and updates relating to the course.

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	Optional online quiz becomes available on Tuesday 14 March 2023.
5	Testamentary Capacity and Intention to Make a Will	Optional online quiz due on Tuesday 21 March 2023.
6	Probate and Letters of Administration	Essay due on Monday 27 March 2023.
7	Executors and Administrators
8	The Text and Meaning of a Will
9	Failure of Gifts
10	Family Provision
11	Intestacy
12	Revision	Essay 2 (optional) due on Thursday 1 June 2023.

Tutorial Registration

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.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Online Quiz	0 %	21/03/2023	21/03/2023	1
Essay	50 %	27/03/2023	05/05/2023	1,2,3,4,5,6
Final Examination or Essay	50 %	01/06/2023	29/06/2023	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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend.

Examination(s)

Examinations are held during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

Optional Online Quiz

Details of Task: 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

Weighting: 0%

Release:  9:00am Tuesday, 14 March 2023 via WATTLE.

Due Date:   9:00am Tuesday, 21 March 2023 via WATTLE.

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

Essay

Details of Task: Students will do an 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 will result in a mark of zero for this task.

Weighting: 50%

Release: The topics will be available by Friday 24 February (i.e. end of Week 1).

Word limit: 3,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm Monday, 27 March 2023 via Turnitin. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated return date: Friday 5 May; Individual written feedback will be provided to students using Turnitin.

Other: Footnotes should be used for referencing of sources. All references should be in the style required by the current edition of the Australian Guide to Legal Citation.

Assessment Criteria:

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

Assessment Task 3

Final Examination or Essay

Final Examination

Details of Task: This examination will consist of a single problem-style question covering a range of topics. All topics will potentially be examinable and 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. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Release: The examination will be released via Wattle. Students should consult the ANU Examination Timetable closer to the examination period to confirm the final date, time and duration of the examination.

Duration: 150 minutes. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: Due to the nature of the task, late submission is not permitted.

Permitted Material: Any material.

Estimated return date: Official end of semester results release date via Turnitin.

Assessment Criteria:

• Content
• Structure and Organisation
• Written Expression and Referencing

OR

Essay

Details of Task: Students will do independent research and write an essay on a topic of their choice. Students who wish to submit an essay as the final assessment for the course must propose a topic to the course convenor by 5:00pm on Monday 24 April 2023. The choice of topic is subject to the convenor's approval. Students who have not proposed a topic by 24 April will be taken to have elected to do the final examination as their final assessment.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Word limit: 3,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5:00 pm Thursday, 1 June 2023 via Turnitin. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated return date: Official end of semester results release date via Turnitin.

Other: Footnotes should be used for referencing of sources. All references should be in the style required by the current edition of the Australian Guide to Legal Citation.

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. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided online by the return date listed in the class summary.

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.

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 Access 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