Undergraduate UNE-LAW301-2022

Succession

Duration

16 weeks

Study method

Online & on-campus

Available loans

FEE-HELP

Assessments

Subjects may require attendance

Prior study

Required

The University of New England is the only Australian public university to be awarded the maximum 5 stars for Overall Experience by the Good Universities Guide, 13 years in a row. UNE has delivered distance education since 1955—that’s longer than any other Australian university. Perhaps that’s why students continue to rate UNE so highly for student satisfaction and teaching quality. With over 170 degrees offered online, and more than 20,000 online students, UNE is the expert in online education.

QS RANKING 2022

Times Higher Education Ranking 2022

N/A

2022

Subject details

What you'll learn

Upon completion of this subject, students will be able to:

demonstrate knowledge and understanding of the various areas of law that apply to the succession to property upon death in NSW including: intestacy; testamentary succession; the making, revocation, alteration, rectification, and construction of wills both formal and informal; testamentary capacity; family provision; grants of representation; administration and distribution of estates; and related matters;
identify, analyse, and critically evaluate major themes in succession law including the concepts of testamentary freedom and moral duty in respect of family provision;
distinguish between testamentary succession and the acquisition of property consequent on the death of another regarding jointly held property, life insurance and superannuation to identify what constitutes the deceased's estate and in so doing identify, analyse, and critically evaluate the interaction between the law of succession and other areas of law with regard to Equity and Trusts, Family Law, and Contract Law; and
analyse complex factual problem-based scenarios relating to the succession to property upon death and critically apply the relevant law to provide correct legal advice in written and oral form that is well argued and supported by appropriate authority.

Topics covered

- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.

Entry requirements

You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:

UNE-LAW100-Foundations of Law

and

UNE-LAW101-Law in Context

and one of

UNE-LAW162-Criminal Law
UNE-LAW312-Criminal and Civil Procedure (No longer available)

and one of

UNE-LAW172-Contract Law
UNE-LAW272-Law of Contract II (No longer available)

and

UNE-LAW102-Legal Professional Skills

and

UNE-LAW131-Torts Law

Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)

Others

To enrol in this subject you will need to pass UNE-LAW100 and UNE-LAW101 and UNE-LAW102 and (UNE-LAW161 or UNE-LAW162) and (UNE-LAW171 or UNE-LAW172) subjects. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not receive a satisfactory result for UNE-LAW100 and UNE-LAW101 and UNE-LAW102 and (UNE-LAW161 or UNE-LAW162) and (UNE-LAW171 or UNE-LAW172).

Additional requirements

Equipment requirements - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
Software requirements - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
Travel requirements - Travel may be required to attend the Final Examination for this subject.
Other requirements -
Textbook requirements:

Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.

Students are expected to purchase prescribed material.

Textbook requirements may vary from one teaching period to the next.

Description

This subject provides you with a comprehensive insight into succession law. You will gain a broad depth of knowledge in the theory and practice of succession law and be introduced to a range of topics related to wills including testamentary succession, testamentary capacity, knowledge and approval, undue influence, formal requirements, revival and revocation and the construction of wills. Additionally, you will explore distribution on intestacy, grants of administration and the role of executors and administrators, administration of assets and family provision. Throughout, you will also develop your legal reasoning and critical thinking skills.

Assessments

Presentation: 30 minutes (2000 words equivalent). Relates to Learning Outcomes (LOs) 1-4 Open Book Examination: 2 hrs 15 mins. Relates to Learning Outcomes (LOs) 1-4 There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit. UNE manages supervised exams associated with your UNE subjects. Prior to census date, UNE releases exam timetables. They’ll email important exam information directly to your UNE email address.

Open Book Examination (60%)
Viva Voce 30 minutes (via Zoom in Q&A format) (40%)

Textbooks

Current study term: 26 Jun 22 to 23 Sep 22

Check the learning management system (LMS) of your university for textbook details.

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