LAW 2523 - Succession

North Terrace Campus - Semester 1 - 2024

Acquaints students with the basic principles of the devolution and distribution of property upon death of the owner. Death is a major occasion for the transfer of property and the principles relating to it form an important part of any legal practice. Whilst the course concentrates upon the rules and practice relating to devolution of property on death, various aspects of social policy are considered. The following topics will be covered: wills; distribution upon intestacy; family provision; probate and administration, and the choice of law principles that govern the law applicable to succession issues which are connected to more than one jurisdiction.

  • General Course Information
    Course Details
    Course Code LAW 2523
    Course Succession
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1506 or LAW 1511
    Incompatible LAW 2062
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Course Description Acquaints students with the basic principles of the devolution and distribution of property upon death of the owner. Death is a major occasion for the transfer of property and the principles relating to it form an important part of any legal practice. Whilst the course concentrates upon the rules and practice relating to devolution of property on death, various aspects of social policy are considered. The following topics will be covered: wills; distribution upon intestacy; family provision; probate and administration, and the choice of law principles that govern the law applicable to succession issues which are connected to more than one jurisdiction.
    Course Staff

    Course Coordinator: Associate Professor Sylvia Villios


    Course Coordinator for 2024 is Dr Sylvia Villios 


    Name: Sylvia Villios
    Location: Ligertwood Building 4.15
    Telephone:8313 7223
    Email: Sylvia.Villios@adelaide.edu.au


    Course Staff

    Name: David Brown
    Location: Ligertwood building 2 20
    Telephone: 8313 4442
    Email: d.brown@adelaide.edu.au




    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    At the successful completion of this course, students will be able to:

    1. Apply the fundamental concepts of the law of South Australia for the administration and devolution of inheritable property of a deceased person.

    2. Identify, research, analyse and evaluate complex legal issues relating to the administration and devolution of inheritable property of a deceased person and consider how these issues may be resolved in an ethical manner.

    3. Apply knowledge of important contemporary issues in succession law including wills, distribution upon intestacy, family provision, probate and administration, special considerations for assets in foreign jurisdictions and other selected issues.

    4. Apply critical thinking and problem solving skills to resolve succession law issues and communitate them effectively, both orally and in writing.

    5. Apply knowledge of the relationship between succession law and other areas of law including taxation, estate and business succession planning, family law, property law, contract law, superannuation law and law of trusts.

    6. Conduct independent research on legal and policy issues in succession law.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)

    Attribute 1: Deep discipline knowledge and intellectual breadth

    Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.

    1,2, 5, 6

    Attribute 2: Creative and critical thinking, and problem solving

    Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.

    2,3,4

    Attribute 3: Teamwork and communication skills

    Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.

    4, 6

    Attribute 4: Professionalism and leadership readiness

    Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.

    2, 3, 4, 5

    Attribute 5: Intercultural and ethical competency

    Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.

    2,3

    Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency

    Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.

    2,3

    Attribute 7: Digital capabilities

    Graduates are well prepared for living, learning and working in a digital society.

    2,4,6

    Attribute 8: Self-awareness and emotional intelligence

    Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.

    2
  • Learning Resources
    Required Resources
    Text Book

    Principles of Australian Succession Law, 4th edition, A comprehensive introduction to the law of succession in Australia by Ken Mackie, Elise Bennett Histed
    Recommended Resources
    Other recommended resources include:

    • Dal Pont, Law of Executors and Administrators
    • Dal Pont, Law of Succession, 3rd edition
    • De Groot & Nickel, Family Provision in Australia, 6th ed
    • Perkins & Monahan, Estate Planning: A Practical Guide for Professionals Helping Australians Age Well, 5th edition

    In addition, a number of useful resources can be found on the University of Adelaide Library law databases, including:

    Lexis Advance Research, Halsbury's Laws of Australia 395 - Succession
    CCH IntelliConnect, Practice Area, Trusts and Estates Law
    Online Learning
    This course consists of one two-hour lecture a week, and a one-hour seminar each week. The lecture recordings, PowerPoint slides used in lectures and other material for the course, such as seminar questions, will be made available on MyUni throughout the course.


  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course consists of weekly two-hour lectures (online via Echo 360), and a weekly one-hour seminar (face to face). Students will listen to the online lecture prior to the seminar and seminars will be based around problem-solving and policy issues.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    As a standard 3-unit course the workload expectation including class contact hours is 12 hours a week.
    Learning Activities Summary
    (1) Introduction to Course; General Nature of a Will
    (2) Making a Will-Mental Element, Formal Requirements; Statutory Wills
    (3) Revocation and Alteration; Republication and Revival
    (4) Construction of Wills; Gifts by Will
    (5) Intestacy;
    (6) Family Provision
    (7) Estate Planning Issues
    (8) Personal Representatives;Grants of Representation
    (9) Administrative Process and Personal Representatives Duties and Powers
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment item % of final mark Dates Length Individual or Group Activity? Redeemable in exam? Learning Outcomes
    Quiz 20 Friday Wk 6 20 questions Individual N 1-3, 5
    Research Essay 20 Friday Wk 8 2000 words Group N 1-6
    Exam 60 Examination Period 2 hrs Individual N 1-5
    Assessment Detail
    Quiz - 20%
    This will be a multiple choice quiz of 20 questions, covering knowedge of fundamental terms, concepts and their application in relation to the first five weeks of the course.

    Research Essay - 20%. Max 2000 words
    This will be a group assessment, to be undertaken in groups of five, from a list of topics issued near the start of the course. Further instructions about the formation of groups and the topics will be issued near the start of the course via MyUni.

    Although the paper is submitted as a group, and group members will receive the group mark in most cases, students can occasionally receive an individual mark which varies from the group mark. This may occur, at the discretion of the Course Coordinator, if a student fails to contribute appropriately to their group. In that event, there may be a mark adjustment for that individual for this item of assessment, down to a level commensurate with their contribution.  Information about how to work in groups, and the processes to be followed in the event of a failure to contribute appropriately, will be made available on MyUni.

    For footnotes and penalties details, see Penalties section below


    Examination, 60%. 2 hours open book

    This will be scheduled as an online examination in the Semester 1 Examination Period. The exam will cover material taken from the entire course content. The examination will consist of problem questions.

    Submission
    The Research Paper must be handed in electronically on MyUni by one student in the group. Students must ensure their student number and that of all their group members appears on all written work submitted for assessment (not in the name of the file, but in the actual document itself).

    Electronic copies of the assignment as handed in must be retained by students.
    Assignments will be returned electronically via MyUni Assignments portal.It is also advisable to keep a copy of all written work after it has been assessed and returned.

    Students will be provided with specific submission instructions as part of the assessment instructions for each item of assessment which will be made available on MyUni.

    The Group Paper is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

    Extensions: Extension applications must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy.Students who wish to apply should apply for an extension by completing the online Application for Extension form (found here: Law School Intranet) and NOT by emailing the Course Coordinator.

    The application form must be fully completed and must give details of the extent and length of the student’s incapacity, and the length of extension that is requested.

    The Course Coordinator will email students with the outcome of their request as soon as possible after it is received. If an extension is granted, it is only provisional until formal evidence of any incapacity or other eligible circumstance is received. Students must make note of this evidence and the details of the email granting the extension at the top of the assignment when it is submitted. The evidence submitted must be consistent with details provided in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the reason for the extension are not consistent in all respects, the extension may be nullified, and the Course Coordinator may in their discretion decide not to accept the assignment, or impose a penalty for late submission.

    You can apply for an extension at any time before the due date for an assignment. However, you are strongly advised to make your application as soon as the need becomes apparent.  Delay in making an application obviously involves the risk that there will be insufficient time to complete the assignment (with consequential loss of marks) if the application for extension is refused.If an application is made within two days of the due date, or after the due date has expired, it will not be granted unless the Course Co-ordinator is satisfied: that the circumstances warrant an extension; and there was no unreasonable delay in making the application.If your request for an extension is rejected, you can appeal in writing to the Student Appeals Committee, via the Secretary to the Student Appeals Committee, within seven days of notification of rejection by the Course Co-ordinator.

    Penalties:Late Submission: For the Research Paper, penalties of 5% (of the total mark of the assignment) each day (or part thereof) will be deducted for late submission (including weekends and public holidays).  For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

    The online quizzes cannot be completed after the deadline has passed, and so late submission is not possible. In cirumstances relating to the quiz for which a student would be eligible for consideration for an extension, follow the Extension procedure above.

    Word Length: 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 2,000 word essay graded at 63% will have 5% deducted if it is between 2,001 and 2,100 words long for a final mark of 58%.  Words are calculated including quotations and headings within the text, and substantive footnotes, but excluding standard footnotes, cover page information, and bibliography. A substantive footnote is any footnote which includes sentences (full or partial), whether alongside or without a citation, but does not include the standard footnote references as set out in the AGLC in Chapters 1.2 'Introductory Signals for Citations', 1.3 'Sources Referring to Other Sources' and 1.4 'Subsequent References'.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

    Student feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider
  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Integrity
    All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.