Succession Law (LAWS5130)

Course overview

This course is an introductory level examination of law, legal issues, regulation, legislation, case law, and practice of succession in Australia, and in some overseas jurisdictions. The course seeks to develop students' knowledge of succession law and the ability to solve complex legal problems whilst examining proposals for reform.

LAWS5130 SuccessionﾠLaw is an introduction to, and critical analysis of, the law regulating succession in Queensland regarding theﾠredistribution of property after a person's death.

This course will examine the law of successionﾠincluding, the process of administering an estate, aspects of will making and revocation, disputes, and, other relevant topics within the discipline area.

Succession Law is a natural companion to Trusts and Equity and to Property.

Course requirements

Assumed background

The pre-requisites for LAWS5130 are being altered via University Academic Board to include: Trusts and Equity; Contracts; Property; Company Law; Evidence; Jurisprudence; and, Introduction to Taxation Law. It is strongly recommended that students do not undertake LAWS5130 until their final or penultimate year of study at UQ because the topic areas outlined herein will be assumed as being understood.

Prerequisites

You'll need to complete the following courses before enrolling in this one:

LAWS2706 + 2707 + 2709

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS7130

Restrictions

LLB(Hons)(#64), LLB(Hons)(#48), LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.

Course contact

Course staff

Timetable

The timetable for this course is available on the UQ Public Timetable.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

Theﾠaim of the course is to give you the ability to locate, interpret and apply the law in order to resolve legal problems involving issues of succession, and to reflect critically upon the subject matter of Succession Law.

Learning outcomes

After successfully completing this course you should be able to:

Assessment

Assessment summary

Assessment details

Problem paper

• Online

Mode

Written

Category

Essay/ Critique

Weight

40%

Due date

30/09/2024 2:00 pm

To be posted on Blackboard site.

Learning outcomes

L01, L02, L03, L04, L05, L06

Task description

Submission guidelines

The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

End of semester exam

• In-person

Mode

Written

Category

Examination

Weight

60%

Due date

End of Semester Exam Period

2/11/2024 - 16/11/2024

Learning outcomes

L01, L02, L03, L04, L05, L06

Task description

Exam details

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

LAWS5130 will be assessed by a written research paper of 2,000 words excluding footnotes (40%) and by an end-of-semester closed book examination with permitted materials (60%). It is therefore necessary to follow the assignment style guide in the completion of the written research paper. It is however very important that work submitted by a student is entirely their own. Further, no marks will be awarded for cut and paste from student notes or other sources in the completion of assessment in LAWS5130.

All information relevant to LAWS5130 will be posted on the Blackboard web site. Students are also advised to check their student email regularly since it is to that email information and alerts relevant to LAWS5130 are posted. Students may choose to forward mail from their student email account if they have an email that they check more regularly to ensure that messages are received and actioned within time.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

• Student Code of Conduct Policy
• Student Integrity and Misconduct Policy and Procedure
• Assessment Procedure
• Examinations Procedure
• Reasonable Adjustments - Students Policy and Procedure

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course:

• Law School Announcements and Policies