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
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
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).
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
Assessment Overview
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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
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.
Change text to the Preece text (Lee's Manual of Succession Law)
Feedback from Students/Staff
Students thought the exam was worth too much (70%)
Change assessment to a 40% assignment, 10% quiz and a 50% exam
- 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.
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
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
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Access to Zoom (session log-in details will be provided)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
c.walshaw@cqu.edu.au
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
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
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
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
Module/Topic
Chapter
Events and Submissions/Topic
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
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
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
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
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
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
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
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
1 Written Assessment
Preparation of a will in respect of a given scenario. The will is one document to be submitted to Moodle before due date.
Week 3 Friday (29 Nov 2019) 10:00 pm AEST
Week 5 Friday (20 Dec 2019)
Via Moodle and Grade Book
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.
- Draft a Will and a Power of Attorney from a given set of facts.
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
2 Group Discussion
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.
Week 5 Monday (16 Dec 2019) 12:00 am AEST
Week 5 Friday (20 Dec 2019)
Together with Assessment One
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).
No submission method provided.
- Draft a Will and a Power of Attorney from a given set of facts.
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
3 Take Home Exam
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.
Week 12 Friday (14 Feb 2020) 10:00 pm AEST
Exam Week Friday (21 Feb 2020)
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.
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
4 Group Discussion
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.
Week 12 Monday (10 Feb 2020) 12:00 am AEST
Exam Week Friday (21 Feb 2020)
Via Moodle and Grade Book
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.
No submission method provided.
- Explain how the administration of an estate (intestate or testate) should proceed.
- Describe the ethical considerations that arise with wills and powers of attorney.
- Communication
- Problem Solving
- Critical Thinking
- Ethical practice
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.