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 - 2019

Online

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. Group Discussion
Weighting: 10%
3. Take Home Exam
Weighting: 40%
4. Group Discussion
Weighting: 20%

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 Students/Staff

Feedback

The students felt the Qld specific text of Preece would be better then the one used which was a text that tried to cover the whole of Australia.

Recommendation

Change text to the Preece text (Lee's Manual of Succession Law)

Feedback from Students/Staff

Feedback

Students thought the exam was worth too much (70%)

Recommendation

Change assessment to a 40% assignment, 10% quiz and a 50% exam

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 - Group Discussion - 10%
3 - Take Home Exam - 40%
4 - Group Discussion - 20%

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
10 - Aboriginal and Torres Strait Islander Cultures

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9 10
1 - Written Assessment - 30%
2 - Group Discussion - 10%
3 - Take Home Exam - 40%
4 - Group Discussion - 20%
Textbooks and Resources

Textbooks

Prescribed

Lee's Manual of Queensland Succession Law

Edition: 8th (2019)
Authors: Alun A Preece
Thomson Reuters
Sydney Sydney , NSW , Australia
ISBN: 9780455240534
Binding: Paperback

Additional Textbook Information

Paper copies are available at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code). There is an eBook at the publisher's website. However, both are the same price.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Access to Zoom (session log-in details will be provided)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Christopher Walshaw Unit Coordinator
c.walshaw@cqu.edu.au
Schedule
Week 1 Begin Date: 11 Nov 2019

Module/Topic

Nature and Function of Wills

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapters 1 and 2

Events and Submissions/Topic

Group Discussion of Activity

Week 2 Begin Date: 18 Nov 2019

Module/Topic

Taking Instructions and Drafting of Wills

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapter 3

Events and Submissions/Topic

Group Discussion of Activity

Week 3 Begin Date: 25 Nov 2019

Module/Topic

Formal Requirements of Wills

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapter 4

Events and Submissions/Topic

Group Discussion of Activity


Practical Assessment Due: Week 3 Friday (29 Nov 2019) 10:00 pm AEST
Week 4 Begin Date: 02 Dec 2019

Module/Topic

Testamentary Capacity

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapter 4

Events and Submissions/Topic

Assessment Two

Vacation Week Begin Date: 09 Dec 2019

Module/Topic

Chapter

Events and Submissions/Topic

Week 5 Begin Date: 16 Dec 2019

Module/Topic

Revocation, Alteration, Republication and Revival of Wills

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapters 5 and 6

Events and Submissions/Topic

Group Discussion of Activity


Group Discussion Due: Week 5 Monday (16 Dec 2019) 12:00 am AEST
Week 6 Begin Date: 23 Dec 2019

Module/Topic

Construction of Wills: General Principles and Description of Beneficiaries

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapters 14 and 16

Events and Submissions/Topic

Group Discussion of Activity

Week 7 Begin Date: 06 Jan 2020

Module/Topic

Construction of Wills: Description of Property, Ademption and Quantum of Interests

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapters 15 and 17

Events and Submissions/Topic

Group Discussion of Activity

Week 8 Begin Date: 13 Jan 2020

Module/Topic

Death and Administration

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapters 7 and 8

Events and Submissions/Topic

Group Discussion of Activity

Week 9 Begin Date: 20 Jan 2020

Module/Topic

Administration and Payment of Debts

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapters 8 and 9

Events and Submissions/Topic

Group Discussion of Activity

Week 10 Begin Date: 27 Jan 2020

Module/Topic

Intestacy

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapter 12

Events and Submissions/Topic

Group Discussion of Activity

Week 11 Begin Date: 03 Feb 2020

Module/Topic

Family Provision

Chapter

Alun A Preece, Lee’s Manual of Queensland Succession Law (Lawbook, 8th ed, 2019) Chapter 13

Events and Submissions/Topic

Group Discussion of Activity

Week 12 Begin Date: 10 Feb 2020

Module/Topic

Assessment Three

Chapter

Events and Submissions/Topic

Assessment Three


Written Assessment in the form of a Take Home Paper Due: Week 12 Friday (14 Feb 2020) 10:00 pm AEST
Group Discussions Due: Week 12 Monday (10 Feb 2020) 12:00 am AEST
Assessment Tasks

1 Written Assessment

Assessment Title
Practical Assessment

Task Description

Preparation of a will in respect of a given scenario. The will is one document to be submitted to Moodle before due date.


Assessment Due Date

Week 3 Friday (29 Nov 2019) 10:00 pm AEST


Return Date to Students

Week 5 Friday (20 Dec 2019)

Via Moodle and Grade Book


Weighting
30%

Assessment Criteria

1. Demonstrate a sound understanding of the concepts relevant to Weeks 1 to 3 (inclusive).

2. Demonstrate an ability to identify and address the particular matters of fact and law raised by the scenario and relevant to Weeks 1 to 3 (inclusive).

3. Demonstrate skills in understanding instructions.

4. Demonstrate proficient legal research skills to accurately identify issues and compose solutions in respect of succession law problems. 

5. Apply appropriate and professional written language skills.

6. Demonstrate analytical, problem solving and critical thinking skills.


Referencing Style

Submission
Online

Submission Instructions
One document posted to Moodle

Learning Outcomes Assessed
  • Draft a Will and a Power of Attorney from a given set of facts.


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

2 Group Discussion

Assessment Title
Group Discussion

Task Description

Students participate in a group discussion during Week 4 of the wills submitted in Assessment One. Depending on the size of the class, the class will be divided into groups as arranged with the class. There are likely to be two groups and therefore two day and times for students to select. The wills submitted will be made available to the relevant group members and these will be the subject of the group discussion.


Assessment Due Date

Week 5 Monday (16 Dec 2019) 12:00 am AEST


Return Date to Students

Week 5 Friday (20 Dec 2019)

Together with Assessment One


Weighting
10%

Assessment Criteria

1. Demonstrate an ability to formulate and express orally your own point of view about the wills as they relate to the Weeks 1-3  (inclusive).

2. Demonstrate problem solving and critical thinking skills in response to the wills. 

3. Act and respond appropriately to the comments and opinions expressed by others.

4. Demonstrate an understanding of Weeks 1-3 (inclusive).


Referencing Style

Submission

No submission method provided.


Submission Instructions
Via Zoom

Learning Outcomes Assessed
  • Draft a Will and a Power of Attorney from a given set of facts.


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

3 Take Home Exam

Assessment Title
Written Assessment in the form of a Take Home Paper

Task Description

A written assessment in the form of a take home paper, to be posted by the UC to Moodle before Week 12 and to be completed in Week 12 before the due date. Students must complete and post their answer paper within 24 hours between the day and time the student opens the take home paper and the day and time the student posts her or his answer. Students should note that the system enables the Unit Coordinator to ascertain when a student opens the paper. Once you open the paper, even out of curiosity, you are committed to the 24 hour period. Students should also note the rules prohibiting contract cheating and plagiarism. 

The paper contains four compulsory questions each worth 10%. Word limit for each answer for each of the questions is 500 words, excluding references. References are not required, except to avoid plagiarism. The questions will test your knowledge of Weeks 1 -11.


Assessment Due Date

Week 12 Friday (14 Feb 2020) 10:00 pm AEST


Return Date to Students

Exam Week Friday (21 Feb 2020)


Weighting
40%

Assessment Criteria

1. Demonstrate a sound knowledge of succession law canvassed in the unit.

2. Demonstrate an ability to formulate and express your own point of view about the law canvassed in the unit.

3. Apply appropriate and professional written language skills.

4. Demonstrate problem solving and critical thinking skills in response to each of the questions.


Referencing Style

Submission
Online

Submission Instructions
One document posted to Moodle

Learning Outcomes Assessed
  • 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
  • Ethical practice

4 Group Discussion

Assessment Title
Group Discussions

Task Description

Group discussions of activities in each of Weeks 1 to 3 and 5 to 11. Attendance is via Zoom and requires audio and video.

In the event that a student is unable to attend a discussion topic for good reason, the student may contact the Unit Coordinator before the discussion in the relevant week and arrange to submit by email attachment a brief response to the activity for that week in lieu of attendance.

There are 10 discussions and 2 marks for each discussion. The day or days for such discussions will be discussed with students.


Assessment Due Date

Week 12 Monday (10 Feb 2020) 12:00 am AEST


Return Date to Students

Exam Week Friday (21 Feb 2020)

Via Moodle and Grade Book


Weighting
20%

Assessment Criteria

1. Demonstrate an ability to formulate and express orally your own point of view about the relevant activity.

2. Demonstrate problem solving and critical thinking skills in response to the activity.

3. Act and respond appropriately to the comments and opinions expressed by others.

4. Demonstrate an understanding of the Week relevant to the activity.


Referencing Style

Submission

No submission method provided.


Submission Instructions
Via Zoom

Learning Outcomes Assessed
  • Explain how the administration of an estate (intestate or testate) should proceed.
  • Describe the ethical considerations that arise with wills and powers of attorney.


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

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?