MLJ741 - Succession Law and Policy
Unit details
| Year | 2025 unit information |
|---|---|
| Enrolment modes: | Trimester 2: Online |
| Credit point(s): | 1 |
| EFTSL value: | 0.125 |
| Unit Chair: | Trimester 2: Matthew Groves |
| Cohort rule: | This unit is only available to students enrolled in M729 |
| Prerequisite: | Students must have passed MLP704, MLP706 and MLP711 |
| Corequisite: | Nil |
| Incompatible with: | MLL362 |
| Educator-facilitated (scheduled) learning activities - online unit enrolment: | 1 x recorded lecture up to a maximum of 1.5 hours per week, and 1 x 1.5 hour online seminar (recordings provided) per week for 9 weeks, and 1 x 2 hour online seminar (recordings provided) per week for the other 2 weeks. |
| Typical study commitment: | Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit. 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. Students will consider policy considerations and possible reforms to this area of the 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 the meaning and scope of succession law in Australia, and evaluate the legal responses to contemporary problems regarding will-making and estate planning. | 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 |
| ULO4 | Identify policy questions arising from succession law and articulate possible law reforms. | GLO1: Discipline-specific knowledge and capabilities GLO4: Critical thinking |
Assessment
| Assessment Description | Student output | Grading and weighting (% total mark for unit) | Indicative due week |
|---|---|---|---|
| Assessment 1: (Individual) Report (Research) | 3000 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 MLJ741 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.
For further information regarding tuition fees, other fees and charges, invoice due dates, withdrawal dates, payment methods visit our Current Students website.