CQUniversity Unit Profile
LAWS13012 Succession
Succession
All details in this unit profile for LAWS13012 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

This unit examines issues in Succession Law in Queensland. It covers the principles and practice relating to Enduring Powers of Attorney, Wills, intestacy, the administration of an estate (both testate and intestate) and family provision applications. Emphasis is placed on the importance of the relevant legislation, court decisions and statutory procedures to succession law practice.

Details

Career Level: Undergraduate
Unit Level: Level 3
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Prerequisite:- LAWS12060 TRUSTS

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 3 - 2017

Distance

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 30%
2. Examination
Weighting: 70%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Self-reflection

Feedback

The provision of quizzes will enhance both the learning and assimilation processes.

Recommendation

Quizzes to be inserted.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Draft a Will and a Power of Attorney from a given set of facts.
  2. Explain how the administration of an estate (intestate or testate) should proceed.
  3. Recognise, analyse and critically reflect on the succession law issues arising out of encountered fact situations.
  4. Describe the ethical considerations that arise with wills and powers of attorney.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment - 30%
2 - Examination - 70%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 30%
2 - Examination - 70%
Textbooks and Resources

Textbooks

Prescribed

Principles of Australian Succession Law 3rd (2017)

Authors: Mackie, Ken
LexisNexis
Australia
ISBN: 9780409345315
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Aidan Booker Unit Coordinator
a.booker@cqu.edu.au
Schedule
Week 1 Begin Date: 06 Nov 2017

Module/Topic

Introduction to course and the General Nature of a Will

Chapter

Mackie 1

Events and Submissions/Topic

Week 2 Begin Date: 13 Nov 2017

Module/Topic

General Nature of a Will

Chapter

Mackie 1, 2

Events and Submissions/Topic

Week 3 Begin Date: 20 Nov 2017

Module/Topic

Mental Elements Required for Making a Will

Chapter

Mackie 3 and 4

Events and Submissions/Topic

Week 4 Begin Date: 27 Nov 2017

Module/Topic

Formal Requirements of a Will

Chapter

Mackie 5

Events and Submissions/Topic

Vacation Week Begin Date: 04 Dec 2017

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Begin Date: 11 Dec 2017

Module/Topic

Revocation and Alteration of Wills

Republication and Revival

Chapter

Mackie 6 and 7

Events and Submissions/Topic

Week 6 Begin Date: 18 Dec 2017

Module/Topic

Construction of Wills

Chapter

Mackie 8

Events and Submissions/Topic

Week 7 Begin Date: 01 Jan 2018

Module/Topic

Gifts by Will

Chapter

Mackie 9

Events and Submissions/Topic

Week 8 Begin Date: 08 Jan 2018

Module/Topic

Distribution on Intestacy

Chapter

Mackie 10

Events and Submissions/Topic

Week 9 Begin Date: 15 Jan 2018

Module/Topic

Family Provision

Chapter

Mackie 11

Events and Submissions/Topic

Week 10 Begin Date: 22 Jan 2018

Module/Topic

The Administrative Process Part 1:   Functions and Duties of Personal Representatives


Chapter

Mackie 14

Events and Submissions/Topic

Written Assignment (Written Assignment 30%) Due: Week 10 Monday (22 Jan 2018) 9:00 pm AEST
Week 11 Begin Date: 29 Jan 2018

Module/Topic

The Administrative Process Part 2: Powers, Rights and Liabilities of Personal Representatives

Survivorship

Chapter

Mackie 15 and 16

Events and Submissions/Topic

Week 12 Begin Date: 05 Feb 2018

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 12 Feb 2018

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 12 Feb 2018

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Written Assignment (Written Assignment 30%)

Task Description

A  research and will drafting exercise


Assessment Due Date

Week 10 Monday (22 Jan 2018) 9:00 pm AEST

Due the Monday of week 10


Return Date to Students

Week 12 Monday (5 Feb 2018)

Marks with comments


Weighting
30%

Assessment Criteria

  1. Research into factual circumstances
  2. Identification of relevant issues
  3. Drafting a will
  4. Presentation and expression


Referencing Style

Submission
Online

Submission Instructions
All assignments to be submitted online as a Word document.

Learning Outcomes Assessed
  • Draft a Will and a Power of Attorney from a given set of facts.
  • Explain how the administration of an estate (intestate or testate) should proceed.
  • Recognise, analyse and critically reflect on the succession law issues arising out of encountered fact situations.
  • Describe the ethical considerations that arise with wills and powers of attorney.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Ethical practice

Examination

Outline
Complete an invigilated examination

Date
During the examination period, at a CQUniversity examination centre

Weighting
70%

Length
120 minutes

Details
Calculator - all non-communicable calculators, including scientific, programmable and graphics calculators are authorised
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Open Book
Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?