Course Title: Wills, Probate and Administration

Part A: Course Overview

Course Title: Wills, Probate and Administration

Credit Points: 12


Terms

Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)

LAW2491

City Campus

Undergraduate

650T Vocational Business Education

Face-to-Face

Sem 1 2015,
Sem 1 2016,
Sem 1 2017,
Sem 2 2017

Course Coordinator: Paul Ryan

Course Coordinator Phone: +61 3 9925 5466

Course Coordinator Email: paul.ryan@rmit.edu.au

Course Coordinator Location: 80.05.018

Course Coordinator Availability: Please check with course coordinator


Pre-requisite Courses and Assumed Knowledge and Capabilities

Required Prior Study
042893 - Commercial Law (LAW2477 or equivalent course code)


Course Description

This course provides you with detailed knowledge and skills in particular areas of wills and deceased estates. You will draw wills and examine the law relating to wills, including informal wills, statutory wills, construction of wills, rectification of wills, and gifts of real and personal property under wills. This course examines claims for family provision. You will analyse the law relating to the distribution of testate and intestate deceased estates. You will draft documents relating to grants of representation. You will analyse the duties of legal personal representatives under both the common law and statutory provisions.


Objectives/Learning Outcomes/Capability Development

-


On successful completion of this course you will be able to:

  1. Examine the legal requirements for making and executing a valid will including testamentary capacity.
  2. Analyse rectification of wills, informal wills and statutory wills.
  3. Examine the construction of wills including gifts under wills.
  4. Analyse the law relating to testate and intestate deceased estates and their administration including the carrying out of required duties by legal personal representatives.
  5. Analyse and prepare applications for grants of representation.
  6. Evaluate the legal requirements to make a claim for family provision where the will or intestacy provisions fail to make adequate and proper provision for eligible claimants on the deceased’s estate.


Overview of Learning Activities

In this course you will be encouraged to be an active learner. Your learning will be supported through various in-class and online activities comprising individual and group work. These may include quizzes; assignments; prescribed readings; sourcing, researching and analysing specific information; solving problems; conducting presentations; producing written work and collaborating with peers on set tasks or projects.
 


Overview of Learning Resources

Various learning resources are available online through myRMIT/Blackboard. In addition to topic notes; assessment details and a study schedule you may also be provided with links to relevant online information; readings; audio and video clips and communication tools to facilitate collaboration with your peers and to share information.
Resources are also available online through RMIT Library databases and other facilities. If you require assistance with the RMIT library facilities contact the Business Liaison Librarian for your school. Contact details for Business Liaison Librarians are located online on the RMIT Library website.
Additional resources and/or sources to assist your learning will be identified by your course coordinator will be made available to you as required during the teaching period.


Overview of Assessment

The assessment alignment list below shows the assessment tasks against the learning outcomes they develop.

Assessment Task 1: 30%
Linked CLOs: 1, 2, 3, 4, 6
Assessment Task 2: 20%
Linked CLOs: 4, 5, 6
Final Examination: 50%
Linked CLOs: 1, 2, 3, 4, 6

Feedback will be provided throughout the semester in class and/or in online forums through individual and group feedback on practical exercises and by individual consultation.