LAW 6510 - Wills and Estates Practice

North Terrace Campus - Semester 1 - 2014

This course aims to develop your understanding of wills and estates practice to enable you to give practical advice to a client, draft simple wills, administer deceased estates and solve wills and estates problems. It is designed to enable you, as an entry level lawyer to: obtain instructions for a will; advise a client of the issues, options and potential problems arising from their testamentary intentions; draft a will; identify and resolve issues of testamentary capacity; ensure that the client has properly executed the will and provide any follow up advice. The topics are: Drafting Wills, Administering Deceased Estates, and Resolving Wills and Estates Problems. The course is offered in partnership with South Australian practitioners and agencies.

  • General Course Information
    Course Details
    Course Code LAW 6510
    Course Wills and Estates Practice
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Prerequisites LAW 6501
    Course Description This course aims to develop your understanding of wills and estates practice to enable you to give practical advice to a client, draft simple wills, administer deceased estates and solve wills and estates problems.
    It is designed to enable you, as an entry level lawyer to: obtain instructions for a will; advise a client of the issues, options and potential problems arising from their testamentary intentions; draft a will; identify and resolve issues of testamentary capacity; ensure that the client has properly executed the will and provide any follow up advice.
    The topics are: Drafting Wills, Administering Deceased Estates, and Resolving Wills and Estates Problems.

    The course is offered in partnership with South Australian practitioners and agencies.
    Course Staff

    Course Coordinator: Maree Cutler-Naroba

    In the first instance, students are to contact the GDLP Program Director, Maree Cutler-Naroba at maree.cutler-naroba@lawsocietysa.asn.au.

    The GDLP Program Director will then contact the appropriate Course Supervisor if further clarification of the student query is needed.

    Course Supervisor: Mark Jordan
    Course Timetable

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

    LECTURES
    For Wills and Estates there are 10 hours of lectures: the lectures are pre-recorded and available online.
    There are NO face to face lectures.

    SEMINARS
    For Wills and Estates there are 8 hours of Seminars divided into the following blocks of time
    All Seminars are compulsory
    Students enrol in ONE seminar group ONLY

    Topic 1: Drafting Wills 2hours
    Topic 2: Administering Deceased Estates 2 hours
    Topic 3: Taking Action to Resolve Wills and Estates Problems 4 hours

    ONLINE ACTIVITIES
    In addition to the Lectures and Seminars there are 6 hours of online activities to be completed.
  • Learning Outcomes
    Course Learning Outcomes
    By the end of the course you will be able to:

    Drafting Wills (Topic 1)

    1. advise the client of issues, options and potential problems that might arise in respect of the client’s testamentary intentions;
    2. obtain instructions for a Will;
    3. draft a Will;
    4. identify and resolve issues of testamentary capacity;
    5. ensure that the client properly executed the Will;
    6. give any necessary follow up advice to the client;

    Administering Deceased Estates (Topic 2)

    7. obtain a grant of probate;
    8. identify the debts and assets of the estate;

    Taking Action to Resolve Wills and Estates Problems (Topic 3)

    9. identify the problem and the client’s options for dealing with the problem; and
    10. take action to resolve an Inheritance (Family Provision) Act 1972 problem.
    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)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1 to 10
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1 to 10
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1,4,6,9,10
    Skills of a high order in interpersonal understanding, teamwork and communication. 1,2,6,9,10
    A proficiency in the appropriate use of contemporary technologies. 3,7,8
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1,9,10
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1,9,10
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1,9,10
  • Learning Resources
    Required Resources
    Seminar resources are available on MyUni ONLY. Please NOTE there will be no hard copy of seminar resources printed. Students must bring along an electronic device to seminars so that they can access seminar materials. Reading resources are also available on MyUni, along with supplementary non-assessed online quizzes and activities to enhance your learning.

    Drafting Wills (Topic 1)


    Publications
    • Goldberg, John, Identifying Entities and Assets, Law Society of South Australia, 2012.
    • Goldberg, John, Where Assets are Located and the Effect of Death on those Assets, Law Society of South Australia, 2012.
    • Aiello, Gaetano, Issues to Consider When Drafting Wills, Law Society of South Australia, 2012.
    • Aiello, Gaetano, A Practical Guide to Drafting Wills, Law Society of South Australia, 2007.
    • McEwin, Pam, Outline of a Will, Law Society of South Australia, 1999.
    • Parkinson, Connie, Sample Will: Henry John Dashwood, Carpenter & Associates, 2013.
    Texts
    • Rowland, Charles, Appendix A: Most Used Forms in Hutley’s Australian Wills Precedents - 7th Edition, LexisNexis, 2009 Appendix A and Forms 26.03, 26.04, 26.05 and 27.04
    Legislation

    Administering Deceased Estates (Topic 2)


    Law Society Publications
    • Cooper, Jill, McLeod, Greg, Drafting Probate Applications, Law Society of South Australia, 1999.
    • Cooper, Jill, McLeod, Precedent documents: Draft Probate; Executor’s Oath, Affidavit of Assets and Liabilities; Registrar’s Certificate, Law Society of South Australia, 2012.
    • Cronshaw, John, Probate Checklist and Overview of Estate Administration, Law Society of South Australia, 2011.
    • Sedsman, Joan, Intestacy, Law Society of South Australia, 2013.
    • Anonymous, Glossary of Terms, Law Society of South Australia, 2013.
    • Anonymous, Probate, Letters of Administration and Estate Administration Checklist, Law Society of South Australia, 2013.
    Legislation

    Taking Action to Resolve Wills and Estates Problems (Topic 3)

    Law Society Publications

    • Frost, Ray, Claims under the Inheritance (Family Provision) Act, Law Society of South Australia, 2011.
    • Anonymous, Inheritance Questionnaire, Law Society of South Australia, 2013.
    • Carpenter, Brian, Overview of Litigious Matters, Law Society of South Australia, 2013.
    • Roder, Steve, Construction of Wills, Law Society of South Australia, 2011.
    • Roder, Steve, Solemn Form Wills Proceedings, Law Society of South Australia, 2011.
    Legislation
    Recommended Resources
    Note: all of the resources are provided to students ONLINE.
    Due to the emphasis on the currency of legal practice, other materials may be added after the course outline has been posted.
    Details of supplementary readings and resources will be posted online under the Content section of Wills and Estates Practice.

    Drafting Wills (Topic 1)
    1. Anonymous, Wills Checklist, Law Society of South Australia, 2012.
    2. Anonymous, Drafting Wills – Overview, Law Society of South Australia, 2012.
    3. McEwin, Pam, Will Drafting Tips & Traps, Law Society of South Australia, April 2009.
    4. Hecker, Jane, Testamentary Capacity – A Geriatrician’s Perspective, Law Society of South Australia, May 2009.
    5. Anonymous, Kingston Centre: Mini-Mental State Examination, © Southern Health 2009.
    6. Anonymous, Royal Adelaide Hospital Mental Status Examination, © Royal Adelaide Hospital 2009.
    7. Eszenyi, Deej, Professional and Ethical Dilemmas in Managing Mental Incapacity, Law Society of South Australia, October 2008
    8. Moore, Jeremy, Guardianship & Administration Matters – Back to Basics, Law Society of South Australia, May 2011. .
    9. Anonymous, Advance Directives in SA, © Office of the Public Advocate, April 2011
      1. http://www.opa.sa.gov.au/documents/10_Fact_Sheets/08-Advance_Directives_in_SA.pdf
    10. Anonymous, Mental Capacity and Advance Directives, © Office of the Public Advocate, April 2011
      1. http://www.opa.sa.gov.au/documents/10_Fact_Sheets/22-Mental_Capacity_Advance_Directives.pdf
    Online Learning
    All course materials are provided on My Uni. This includes readings, seminar materials, assessment information and instructions, and audio recordings of lectures. Students are expected to check MyUni frequently over the time of the course, to keep up to date with these materials and additional learning resources.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught through online lectures supported by face to face interactive problem-solving seminars and practical exercises developing primary material.

    Students must come prepared for seminars with prior reading of material and draft responses to the seminar questions. Students must arrive on time for the seminars. If students have not prepared seminar responses and/or have arrived more than 10 minutes late they will be asked to leave the seminar group and enrol in another seminar group.

    A reminder that students MUST bring along an electronic device to the seminars so that they can access the seminar material electronically.

    Attendance is necessary to ensure that students are part of an interactive and reflective learning environment (which enhances learning outcomes of the substantial material covered) and develop their skills of oral presentation, teamwork and persuasion (valuable communication skills in professional environments).

    Preparation for seminars is an essential element of this course. The necessary interactive learning environment in a seminar cannot be achieved without informed participation from all students. Further, by working in small groups within seminars to answer some questions, students develop skills of teamwork. Moreover, active participation in seminar discussions requires students to develop their skills of oral presentation, and their abilities to persuade others through the use of reasoned argument.

    Students who, due to disability, compelling medical or compassionate reasons, or in exceptional circumstances, are unable to attend the required number of seminars, may complete alternative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar missed and will be negotiated with the GDLP Program Director. Students should inform the GDLP Program Director at the earliest opportunity if they will require this permission.

    For these reasons seminar attendance is compulsory and active participation is required.
    Workload

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

    There will be 10 hours of online lectures and 8 hours of face to face seminars during the course plus an additonal 6 hours of online activities

    Wills and Estates is a 2 week ELECTIVE intensive course.

    In addition to the lectures and seminars, we recommend that you spend 8 hours per week in private study which includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks.
    Learning Activities Summary
    Topic 1: Drafting Wills

    Lecture 1a: 1 hour
    Taking Instructions for a Will

    Lecture 1b: 1 hour
    Drafting Wills

    Seminar 1: 2 hours
    Drafting Wills - The Interview 

    Assessment: Will Drafting Short Answer Questions 20%

    Assessment: Letter of Advice to Client 20%

    Topic 2: Administering Deceased Estates

    Lecture 2a: 2 hours
    Administering Deceased Estates

    Lecture 2b: 1 hour
    Identifying Entities and the Effect of Death on those Entities

    Lecture 2c: 1 hour
    Intestacy

    Seminar 2: 2 hours
    Obtaining Probate

    Assessment: Administering Estates Scenariois, 30%


    Topic 3: Taking Action to Resolve Wills and Estates Problems

    Lecture 3a: 2 hours
    Courts Proceedings to Prove a Will

    Lecture 3b: 1 hour
    Inhertiance (Family Provision) Act Claims

    Lecture 3c: 1 hour
    Wills and Estates Tax Issues

    Seminar 3a: 2 hours
    Taking Action to Resolve Wills and Estates Problems - Part 1

    Seminar 3b: 2 hours
    Taking Action to Resolve Wills and Estates Problems - Part 2

    Assessment: Wills and Estates Workbook 30%

    Specific Course Requirements
    The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are required to demonstrate competence in these standards. Consequently, compulsory attendance and active participation in seminars is required.

  • 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
    Topic 1: Drafting Wills

    Assessment:
    Will Drafting Short Answer Questions 20%

    Available:17/4/14, 9am
    Deadline: 24/4/14, 5pm

    Assessment:
    Letter of Advice to Client 20%

    Available: 17/4/14, 9am
    Deadline: 25/4/14, 5pm

    Learning Objectives: 1 to 6

    Topic 2: Administering Deceased Estates


    Assessment:
    Administering Estates Scenarios, 30%

    Available: 17/4/14, 9am  [Easter Weekend] 
    Deadline: 28/4/14, 5pm

    Learning Objectives: 7 and 8

    Topic 3: Taking Action to Resolve Wills and Estates Problems



    Assessment:
    Wills and Estates Workbook 30%

    Available: 17/4/14, 9am [Easter Weekend] 
    Deadline:30/4/14, 5pm

    Learning Objectives: 9 and 10

    All assessments are individual and are redeemable.
    Assessment Related Requirements
    Attendance and satisfactory participation in seminars is compulsory.
    Assessment Detail
    Unless otherwise stated, there is no prescribed word limit for assessments.

    This is because the purpose of the GDLP is to transition you from academic study into professional employment. In a workplace it is highly unlikely you are going to be told a certain number of words or pages for the tasks you are asked to complete.

    However, in the majority of assessments guidelines will be provided.

    The quality of English expression is considered to be an integral part of the assessment process.

    Marks may be deducted from assessment because of poor expression, incorrect grammar, typographical errors etc.

    Presentation is to be single spaced and 2.5cm left margin.

    Assessments will be returned to students within 3 weeks of the due date, unless otherwise notified by the GDLP Program Director through a Course Announcement.

    The marked and scanned copy of assessments will be returned via email.
    Submission
    SUBMISSION
    Students must retain a copy of all assignments submitted.

    All failed assignments, per University policy, are double-marked before the result is released back to the student. The first and second markers then discuss what the final result will be.

    If a student still fails after the double marking process, they have to revise and resubmit the assignment to a pass standard. The maximum mark a student can receive is 50%.

    Late submission penalty
    Any assignment submitted after the due date without an approved extension will receive a penalty of 5% for every 24 hours of lateness.

    Approved extensions are through the GDLP Program Director.

    Extensions on medical or compassionate grounds will be in accordance with University Policy.

    Late assessments are to be submitted to gldpassessment@lawsocietysa.asn.au

    If a student receives a mark between 50 to 55%, but subsequently fails due to late penalties then 50% is the maximum mark they will receive. BUT, in addition, the student will be asked to revise and resubmit a task from the assessment, at the discretion of the GDLP Program Director.

    If a student receives a mark of 56% or above, but subsequently fails due to late penalties, then 50% is the maximum mark they can receive. There is not an opportunity to resubmit this assignment.

    For example if a student gets 64% and has a late penalty of 20%, giving a result of 44%. This student would get 50% for the assessment and will not be able to resubmit this assignment.

    RESUBMISSION
    All the assessments for this course are redeemable. This means, if you fail the assessment due to the quality of the work (not because of late penalties) then you are able to revise and resubmit the assessment. You have 7 days from the time you are informed by email from the LSSA GDLP Office to resubmit your assessment.

    The parts of the assessment you are to resubmit are the parts that you received less than 50% on. You only have ONE opportunity to revise and resubmit your assessment. An alternative task will be set for the non-redeemable assessment.

    When your assessment is resubmitted it is marked according to the marking rubric. Your result, for example maybe 64% BUT the most you can receive for a revised and resubmitted assessment is 50%.
    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.

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