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 LAWS11057 and 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 - 2025
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 Emails, student comments in class
Students were given 1 week to complete a written assignment, which caused confusion for some students who believed it was a take home paper
Review whether the final assessment should take place under take home paper conditions or whether a written assessment should be available for a longer period of time.
- 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 - First Nations Knowledges | ||
| 11 - Aboriginal and Torres Strait Islander Cultures | ||
Textbooks
There are no required textbooks.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
s.beattie@cqu.edu.au
Module 1
Begin Date: 10 Nov 2025Module/Topic
Nature and Function of a Will
Holistic Practice
Chapter
Chapters 1-2, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 2
Begin Date: 17 Nov 2025Module/Topic
Formal Requirements of a Will and Testamentary Capacity
Client Centred Practice and Emotional Intelligence
Chapter
Chapters 3-6, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 3
Begin Date: 24 Nov 2025Module/Topic
Lack of Capacity, Undue Influence and Suspicious Circumstances
Informal and Statutory Wills
Interface between Law and Psychology
Chapter
Chapters 3-6 D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 4
Begin Date: 01 Dec 2025Module/Topic
Constructions of Wills
Financial Literacy and Estate Planning
Chapter
Chaptes 14-16, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 5
Begin Date: 08 Dec 2025Module/Topic
Legal Personal Representatives and Grants of Representation
Application for Probate Practice
Chapter
Chapter 8, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 6
Begin Date: 15 Dec 2025Module/Topic
Legal Personal Representatives and their Duties, Powers and Rights
Client Trauma, Abuse and Legal Representation
Chapter
Chapter 9, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Vacation Week
Begin Date: 22 Dec 2025Module/Topic
Chapter
Events and Submissions/Topic
Vacation Week
Begin Date: 29 Dec 2025Module/Topic
Chapter
Events and Submissions/Topic
Module 7
Begin Date: 05 Jan 2026Module/Topic
Death, Burial and Cremation
Culture and death rites
Chapter
Chapter 7, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 8
Begin Date: 12 Jan 2026Module/Topic
Estate Administration and Beneficiaries’ Rights
Estate Planning and Legal Structures
Chapter
Chapters 10-11, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 9
Begin Date: 19 Jan 2026Module/Topic
Intestacy
Impact of the Aging Population on Succession and Practice
Chapter
Chapter 12, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 10
Begin Date: 26 Jan 2026Module/Topic
Family Provision Applications
Paternalism vs Free Will and the Responsibility of Legal Representatives
Chapter
Chapter 13, D. Morrison, Lee’s Manual of Queensland Succession Law (Thomson Reuters (Professional) Australia Limited, 9th ed, 2025)
Events and Submissions/Topic
Module 11
Begin Date: 02 Feb 2026Module/Topic
The Future of Interdisciplinary Practice
Beyond individualism – the role of carers, helpers and the community.
Chapter
Events and Submissions/Topic
Module 12
Begin Date: 09 Feb 2026Module/Topic
Assignment Clinic
Chapter
Events and Submissions/Topic
1 Practical Assessment
This is an interactive oral assessment. You will book a 30 minute zoom appointment in week 7 during which you will be given a set of brief, randomised facts underpinning an application for probate.
You will have up to 5 minutes to review the facts and then you have 15 minutes to present your argument and answer questions from the moderator. This is an interactive discussion, not a pre-prepared presentation. You will be asked questions that cover modules 1-6 of the course. You must prepare in advance, you will not have time to look up materials, although you may wish to consult your own notes.
After the completion of the exercise there will be 10 minutes of feedback and discussion.
After week 7 there will be a second phase of appointments for students who are granted extensions. Students who fail during the first round due to nerves and anxiety may apply in writing to the unit coordinator for the opportunity to take a mulligan. There will not be a third round.
These zoom sessions will be recorded for the students’ own evaluation and, if necessary, to be used as an official recording.
AI Guidelines
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be considered a breach of academic integrity. The use of AI tools or technology is prohibited in the completion of this assignment (level 1). You must not use AI tools or technology to produce substantive content in any manner. You are permitted to use technology or tools that assist with spelling, grammar or formatting.
Extensions
This assessment must be submitted by the specified due date and time. Due to the nature of this task, the standard 72-hour grace period does not apply.
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
Week 7 Monday (5 Jan 2026) 11:45 pm AEST
Individual consultation times to be booked by the students
Week 11 Monday (2 Feb 2026)
- Problem solving within fixed time limits
- Ability to answer questions thoroughly and knowledgeably
- Knowledge of succession law
- Practical understanding of the probate processes
No submission method provided.
- 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
2500 words, not counting the content of drafted wills.
This assignment involves telling the story of a client through three life stage, conducting estate planning and drafting a will for each of those phases – Spring (20s to 30s), Summer (40s to 50s) and Autumn (50s to 60s).
For each of these phases you will do the following:
- Write a narrative (300 words approximately) explaining significant life events, as they relate to estate planning.
- Write a short summary of advice to the client (200 words approximately).
- Draft a will document (not included in word count).
- In your advice, refer briefly to any other legal documents, for example trust or incorporation documents, enduring powers of attorney. You do not need to draft these.
- Write a reflection (300 words approximately) discussing your reasoning for the advice provided and significant reflections on estate planning and succession law.
You will be provided with a simulation system that gives you an outline of the client’s life events at each of the three phases and influences of advice that you provide.
AI Guidelines
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be considered a breach of academic integrity. The use of AI tools or technology is prohibited in the completion of this assignment (level 1). You must not use AI tools or technology to produce substantive content in any manner. You are permitted to use technology or tools that assist with spelling, grammar or formatting.
Extensions
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
Exam Week Wednesday (18 Feb 2026) 5:00 pm AEST
Approximately two weeks after submission
- Ability to create a credible client narrative that explores succession law and estate planning issues
- Application of the law to the client’s circumstances
- Understanding of legal documents – drafting of the will and reference to other documents
- Reflection and insights on practice
No submission method provided.
- 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?
