MLL362 - Succession Law

Unit details

Year

2025 unit information

Enrolment modes:Trimester 2: Burwood (Melbourne), Waterfront (Geelong), Online
Credit point(s):1
EFTSL value:0.125
Unit Chair:Trimester 2: Michele Tucker
Cohort rule:

For Bachelor of Laws (including combined Law awards) students only

Prerequisite:

Students must have passed MLP117, MLP213 and MLP327

Corequisite:Nil
Incompatible with: MLJ741
Educator-facilitated (scheduled) learning activities - on-campus unit enrolment:

1 x 1.5 hour on-campus lecture (recordings provided) and 1 x 1.5 hour on-campus seminar (recordings provided) each week

Educator-facilitated (scheduled) learning activities - online unit enrolment:

1 x 1.5 hour online lecture (recordings provided) and 1 x 1.5 hour online seminar each week (recordings provided)

Typical study commitment:

Students will on average spend 150 hours over the trimester undertaking the teaching, learning and assessment activities for the unit. This will include a minimum of 33 hours of CloudDeakin learning experiences.

This will include educator guided online learning activities within the unit site.

Content

This unit provides an introduction to Australian succession law. It includes a historical overview of the development of succession law in England and Australia, including Indigenous perspective and jurisdictional issues. Students will gain knowledge in wills and estates, including will drafting, formalities and conventions; testamentary capacity; legal requirements; estate planning considerations including taxation and superannuation; and the legal responsibilities and liabilities of practitioners when drafting a will for a client. Students will understand the probate process and how to apply for a grant of representation or letters of administration; the powers and duties of executors and administrators; the effects of intestacy; family provision claims; and the administration of estates generally. Students will also learn the legal provisions relating to ‘living wills’ including powers of attorney; guardianship and administration; and medical treatment planning law.

Learning Outcomes

ULO These are the Unit Learning Outcomes (ULOs) for this unit. At the completion of this unit, successful students can:

Alignment to Deakin Graduate Learning Outcomes (GLOs)

ULO1

Apply legal reasoning and knowledge of (i) the meaning and scope of succession law and its historical development in England and Australia, (ii) Indigenous perspectives, and (iii) jurisdictional issues.

GLO1: Discipline-specific knowledge and capabilities

ULO2

Explain, and apply in legal reasoning, the nature, functions and purposes of, and legal requirements pertaining to, wills and related legal phenomena.

GLO1: Discipline-specific knowledge and capabilities
GLO2: Communication

ULO3

Analyse a fact situation and reach appropriate legal conclusions by applying knowledge of the legal requirements and conventions pertaining to wills, probate, and related legal phenomena.

GLO1: Discipline-specific knowledge and capabilities
GLO4: Critical thinking
GLO5: Problem solving

Assessment

Assessment Description Student output Grading and weighting
(% total mark for unit)
Indicative due week
Assessment 1: (Individual) Report (Research) 2000 words 50% Week 7
End-of-unit assessment task: Written 

2000 words

50% End-of-unit assessment period

The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.

Learning resource

The texts and reading list for MLL362 can be found via the University Library.

Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.

Unit Fee Information

Fees and charges vary depending on the type of fee place you hold, your course, your commencement year, the units you choose to study and their study discipline, and your study load.

Tuition fees increase at the beginning of each calendar year and all fees quoted are in Australian dollars ($AUD). Tuition fees do not include textbooks, computer equipment or software, other equipment or costs such as mandatory checks, travel and stationery.

Estimate your fees

For further information regarding tuition fees, other fees and charges, invoice due dates, withdrawal dates, payment methods visit our Current Students website.