LAW 6510 - Wills and Estates Practice

North Terrace Campus - Semester 1 - 2015

The aim of the course is to develop your understanding of wills and estate practice to enable you as an entry-level lawyer to give practical advice to a client, draft simple wills, administer deceased estates, and take action to solve problems about wills and estates. 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
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 6501
    Course Description The aim of the course is to develop your understanding of wills and estate practice to enable you as an entry-level lawyer to give practical advice to a client, draft simple wills, administer deceased estates, and take action to solve problems about wills and estates.

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

    Course Coordinator: Michelle Elliott

    In the first instance, students are to contact the GDLP Coordinator, Michelle Elliott at michelle.elliott@lawsocietysa.asn.au.

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

    Course Supervisor: Mark Jordan

    Course Coordinator (UA Law School): David Brown
    Course Timetable

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

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

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

    OTHER
    In additional to lectures and seminars there are 6 hours of additional readings, resources and online activities to be completed.
  • Learning Outcomes
    Course Learning Outcomes

    By the end of this course you should be able to competently:

    1. Drafting wills

    • advised the client of issues, options, and potential problems that might arise in respect of the client’s testamentary intentions;
    • obtained instructions reflecting the client’s informed and independent wishes, which can be effectively implemented;
    • drafted a will reflecting the client’s instructions;
    • identified any issues of testamentary capacity and resolved them in accordance with law and good practice;
    • ensured that the client executed the will in accordance with law;
    • given any necessary follow up advice to the client.

    2. Administering deceased estates

    • obtained a grant of probate or letters of administration where required;
    • identified the debts and assets of the estate;
    • gathered in the estate or transferred or transmitted assets directly to beneficiaries, as appropriate, having regard to the law, good practice, and the circumstances;
    • discharged the estate’s debts, distributed specific gifts and the residue and ensured that the executors have been released of their obligations in a timely fashion.

    3. Taking action to resolve wills and estates problems

    • identified the nature of the problem properly, having regard to the law of the jurisdiction;
    • identified the client’s options for dealing with the problem, having regard to the law of the particular jurisdiction and the client’s circumstances;
    • explained the options to the client in a way a reasonable client could understand;
    • taken action to resolve the problem in accordance with the client’s instructions.



    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 3
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1 to 3
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1 to 3
    Skills of a high order in interpersonal understanding, teamwork and communication. 1 to 3
    A proficiency in the appropriate use of contemporary technologies. 1 to 3
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1 to 3
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1 to 3
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1 to 3
  • Learning Resources
    Required Resources
    Seminar resources and readings are available on MyUni ONLY. Please NOTE there will be no hardy copy of resources printed. Students must bring electronic devices to seminars to access seminar materials. Supplementary online quizzes and activities to enchance students learning are available on MyUni. 

    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
    Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:
    http://www.comlaw.gov.au/ 
    http://www.legislation.sa.gov.au/index.aspx 
    http://www.austlii.edu.au/ 

    Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.
    Online Learning
    All course materials are provided on MyUni. This includes readings, seminar materials, assessment information and instructions, and audio recordings of lectures. Students are required to check MyUni regularly (at least weekly) to keep up to date.
  • 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, namely having undertaken prior readings and developed draft responses to the seminar questions. If students have not prepared and / or arrive more than 10 minutes late they may be asked to leave the seminar group. 

    A reminder that students MUST bring along electronic devices to the seminar so they can access the seminar materials electronically. 

    Attendance is necessary to ensure that students are part of the interactive and reflective learning environment (which enhances learning outcomes) and provides students with the ability to develop their skills of oral presentation, teamwork and persuasion (valuable to the professional environment). Students are expected to behave in an ethical and professional manner as would be expected in the workplace environment (compliant with the professional conduct rules and standards). 

    Students, who due to disability, compelling medical or compassionate reasons, or in exceptional circumstance, are unable to attend the required seminars, may complete alterative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar misses and will be negotiated with the GDLP Coordinator. Students MUST inform the GDLP Coordinator at the earliest opportunity of their absence and where they require this make-up work option.
    Workload

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

    In addition to the lectures and seminars (see course timetable) we recommend that you spend 8 hours per week in private study which includes reading the materials, 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

    Assessment: Letter of Advice to Client

    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

    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

    Specific Course Requirements
    The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 and Law Admissions Consultative Committee 2015 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards. Consequently, the compulsory attendance and active participation in seminars is required in addition to assessment tasks.
  • 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

    Assessments will be made available to students, prior to the nominated deadline.

    Note: Competence must be demonstrated in all assessment tasks and activities.

    Assessment deadlines are as follows, unless otherwise advised:

    Topic 1: Drafting Wills

    Assessment:
    Will Drafting Short Answer Questions
    Learning outcomes 1-3

    Deadline: 21/4/15, 5pm

    Assessment:
    Letter of Advice to Client
    Learning outcomes 1-3

    Deadline: 24/4/15, 5pm

    Topic 2: Administering Deceased Estates

    Assessment:
    Administering Estates Scenarios
    Learning outcomes 1-3

    Deadline: 28/4/15, 5pm

    Topic 3: Taking Action to Resolve Wills and Estates Problems

    Assessment:
    Wills and Estates Workbook

    Learning outcomes 1-3

    Deadline:30/4/15, 5pm
    Assessment Related Requirements
    Detailed information regarding the specific details of assessment which are required to be completed satisfactorily will be provided on MyUni. 

    In this course, students will also be assessed on the following:
    • Attendance (95% rule applies)
    • Punctuality
    • Workload management and ability to adhere to deadlines
    • Display active engagement in practical activities
    • Demonstrate respectful behaviour towards others
    • Maintaining a high level of confidentiality at all times
    • Satisfactory completion of prescribed exercises
    Assessment Detail
    Unless otherwise stated, there will be no prescribed word limit for assessments.

    This is because the purpose of the GDLP programme is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies. In a legal practice it is highly unlikely you will be set 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.
    Assessment competence will take into consideration: expression, structure, correct grammar, typography, 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 Coordinator through a Course Announcement.
    Submission
    Students must retain a copy of all assessments submitted.

    Students are to submit assessments online within MyUni.

    Please note: where forms or documents have been outlined in assessment activities for completion these should be downloaded from original sources and completed in an electronic format, if not supplied.

    Students will be marked in accordance with the marking rubric.

    Resubmission

    Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent (fail). All non-competent (failed) assessments, per University policy, are double-marked before the results are released back to the student. The first and second markers discuss what the final result will be.

    If the assessment is deemed non-competent (fail) after the double-marking process, students may be offered the opportunity to revise and resubmit the assessment. Students granted a resubmission will have 7 days from the time they are informed by email from the LSSA GDLP Office to resubmit the assessment. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission.

    Extensions

    Students MUST apply for an extension prior to the deadline to the GDLP Coordinator.
    Extensions on medical and compassionate grounds will be in accordance with University policy.

    Late Submission

    NOTE: in this course, students are assessed against a professional workplace standard; namely
    • Punctuality
    • Workload management and ability to adhere to deadlines




    Course Grading

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

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    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.

    Grades for your performance in this course will be awarded in accordance with the following scheme: 
     
     
    Result Grade reflects following criteria for allocation of grade: Reported on Official Transcript
    Fail No Submission No work submitted for assessment FNS
    Fail Competency not demonstrated F
    Non-Graded Pass Competency demonstrated NGP
    Result Pending An interim result RP
    Continuing Continuing CN
    No Formal Examination No formal examination NFE


    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.

  • 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.

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