Overview
This unit examines issues in Succession Law in Queensland. It covers the principles and practice relating to enduring powers of attorney, wills, testamentary capacity, 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 and the unit offers insight into many of the practical aspects of practising in this area through authentic assessment tasks.
Details
Pre-requisites or Co-requisites
Prerequisite: 48 credit points of law units including LAWS12078
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 - 2023
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 Reflection by Unit Coordinator and Learning & Teaching Coordinator
Reduce the number of assessments
The number of assessments in the unit (currently four assessments) should be reduced to allow students more time to work on each assessment, particularly as T3 is a busy time of year.
Feedback from Student feedback, Unit Coordinator reflection
Retain the authentic drafting task
Retain authentic drafting exercises that expose students to tasks they would be expected to undertake as a newly qualified lawyer or trainee working in a firm specialising in wills and estate planning.
- Communicate effectively in writing, including drafting legal documents in accordance with procedural requirements and drafting conventions.
- Critically analyse the facts and law to provide advice on both practical and legal matters with reference to relevant legislation and case law.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |
|---|---|---|
| 1 | 2 | |
| 1 - Practical Assessment - 40% | ||
| 2 - Written Assessment - 60% | ||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |
|---|---|---|
| 1 | 2 | |
| 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 | ||
Textbooks
Lee’s Manual of Queensland Succession Law
Edition: 8th (2019)
Authors: LAWS13012
Lawbook Co
Sydney Sydney , NSW , Australia
ISBN: 9780455240534 (ebook 9780455240541)
Binding: Paperback
Additional Textbook Information
Check library website to see if available also online.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Webcam
- Zoom
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.kullack@cqu.edu.au
n.corbett-jarvis@cqu.edu.au
Module/Topic
Nature and Function of a Will
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019) Chapter 2
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Formal Requirements of a Will and Testamentary Capacity
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Paragraphs 3.10 - 3.90, and paragraphs 4.10 - 4.110
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Lack of Capacity, Undue Influence and Suspicious Circumstances
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Paragraphs 3.100 - 3.240
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Informal and Statutory Wills
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Paragraphs 3.250 - 3.260
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Chapter
Events and Submissions/Topic
No Zoom workshop this week
Module/Topic
Constructions of Wills
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Chapters 14, 15 and 16
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Intestacy
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Chapter 12
Events and Submissions/Topic
Weekly Zoom workshop
Practical Assessment Due: Week 6 Friday (22 Dec 2023) 6:00 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
No Zoom workshop this week
Module/Topic
Death, Burial and Cremation
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Chapter 7
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Legal Personal Representatives and their Duties, Powers and Rights
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Chapter 9
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Legal Personal Representatives and Grants of Representation
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Chapter 8
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Estate Administration and Beneficiaries’ Rights
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Chapter 10
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Family Provision Applications
Chapter
AA Preece, Lee's Manual of Queensland Succession Law (Thomson Reuters, 8th ed, 2019), Chapter 13
Events and Submissions/Topic
Weekly Zoom workshop
Module/Topic
Assignment Writing Tips
Chapter
No reading this week.
Events and Submissions/Topic
Weekly Zoom workshop
Written Assessment Due: Week 12 Thursday (8 Feb 2024) 6:00 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
1 Practical Assessment
Students will be provided with a factual scenario in the form of a File Note from a managing partner and will be asked to prepare:
1. A simple Will;
2. An Enduring Power of Attorney; and
3. An accompanying Letter of Advice.
When preparing the Letter of Advice students should:
1. Explain the importance of a Will and Enduring Power of Attorney;
2. Explain why the Will and Enduring Power of Attorney have been drafted in their current form;
3. Highlight any further information required to complete the Will and Enduring Power of Attorney (if necessary); and
4. Identify and advise on any other issues arising from the information contained in the File Note.
Case examples and citations should be used where relevant and must comply with the Australian Guide to Legal Citation.
Assessment weightings:
Will and Enduring Power of Attorney: 10%.
Letter of Advice: 30%.
Word Limit for the Letter of Advice: 1,500 words.
Students must NOT use ChatGPT or other Generative AI in preparing their assignments.
Further instructions will be provided on Moodle.
Week 6 Friday (22 Dec 2023) 6:00 pm AEST
Students must submit their assignment as a Word document.
Estimated return timeframe is two weeks.
This Practical Assessment assesses your ability to:
- Identify practical and legal issues arising in the drafting and execution of a Will and Enduring Power of Attorney;
- Locate and interpret suitable legal sources;
- Explain the significance of relevant legislative provisions and cases in the drafting and execution of a will;
- Explain the operation of the intestacy provisions;
- Identify matters requiring further information and instructions;
- Identify suitable ways in which risks may be minimised; and
- Communicate effectively and professionally in writing.
- Communicate effectively in writing, including drafting legal documents in accordance with procedural requirements and drafting conventions.
- Critically analyse the facts and law to provide advice on both practical and legal matters with reference to relevant legislation and case law.
2 Written Assessment
This Assessment will comprise of three (3) factual scenarios worth 20% each and will cover weeks 1-11 of the Unit. Students must identify and advise on a variety of succession law issues.
Total Word Limit for Scenarios: 2,500 words.
The Assessment will be released at 9:00am on Thursday 1 February 2024 and is due by Thursday 8 February 2024 at 6:00pm AEST.
Referencing must comply with the Australian Guide to Legal Citation.
Students must NOT use ChatGPT or other Generative AI in preparing their assignment.
Further instructions will be provided on Moodle.
Week 12 Thursday (8 Feb 2024) 6:00 pm AEST
Students must submit all three scenarios as one Word document.
Results may be withheld until certification of grades.
This assessment will assess your ability to:
- Identify legal and factual issues;
- Interpret and apply the law to factual scenarios;
- Use suitable authorities in support of discussions;
- Provide practical advice; and
- Communicate effectively in writing.
- Communicate effectively in writing, including drafting legal documents in accordance with procedural requirements and drafting conventions.
- Critically analyse the facts and law to provide advice on both practical and legal matters with reference to relevant legislation and case law.
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?
