LAW223 Succession Law (8)

This subject explores the laws governing wills, inheritance and contested estates, including claims for family provision under the Succession Act 2006 (NSW). The subject seeks to introduce students to the relevant statutory principles and case law to enable them to anticipate and mitigate succession problems related to the professional drafting of wills and the provision of professional advice.

Availability

Session 2 (60)
Online
Bathurst Campus

Continuing students should consult the SAL for current offering details: LAW223. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

Centre for Law and Justice

Assumed Knowledge

LAW112
LAW116

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to identify and analyse the objectives of succession law;
  • be able to apply legislation, case law and administrative provisions as they relate to the underlying principles of succession law and practice;
  • be able to provide professional, relevant and up to date testamentary advice to clients;
  • be able to evaluate the evolution of succession law over time as it adapts to social change; and
  • be able to use legal research techniques, reasoning and argument to assess contemporary developments in succession law.

Syllabus

This subject will cover the following topics:
  • Definition and Nature of a Will
  • Testamentary Capacity, Fraud and Undue Influence
  • Formal requirements and Revocation of Wills
  • Republication and Revival of Wills
  • Grants of Representation and Executor de son Tort
  • Duties and Powers of the Legal Personal Representative
  • Gifts by Will and Protected Assets
  • Administration of Assets
  • Distribution of the Estate
  • Succession law and vulnerable groups

The information contained in the CSU Handbook was accurate at the date of publication: July 2020. The University reserves the right to vary the information at any time without notice.

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