Course Title: Apply legal principles in wills and probate matters

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: JUST5203C

Course Title: Apply legal principles in wills and probate matters

School: 650T TAFE Business

Campus: City Campus

Program: C5292 - Diploma of Legal Services

Course Contact : Robyn Lang

Course Contact Phone: +61 3 9925-1565

Course Contact Email:robyn.lang@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

JUDY DREDGE

email judith.dredge@rmit.edu.au

Nominal Hours: 60

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the performance outcomes, skills and knowledge required to apply legal principles in wills and probate matters, including preparing wills, powers of attorney and deceased estate documentation. A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG515A Apply legal principles in wills and probate matters

Element:

3. Prepare and execute documentation

Performance Criteria:

3.1. Draft documentation according to instructions of designated individual
3.2. Forward documentation to designated individual for review and sign off in accordance with organisation's policies and procedures
 

Element:

1. Identify laws and principles of wills and probate law

Performance Criteria:

1.1. Source legislation, regulations and policies relevant to wills, probate and administration
1.2. Interpret key principles as they apply to wills, probate and administration matters
 

Element:

2. Enhance professional practice through application of relevant principles of wills and probate law

Performance Criteria:

2.1. Establish relevant information in the context of the particular matter
2.2. Ensuring client's needs are met, obtain testamentary, solicitor, deceased estate instructions and other details
 

Element:

4. Process documentation

Performance Criteria:

4.1. Ensure documents are despatched to appropriate agencies according to instructions
4.2. Determine types of costs in accordance with legislative and regulatory requirements for costing legal services
4.3. Facilitate liaison and communication with the parties
4.4. Maintain files, noting critical dates and reminders
 


Learning Outcomes



Details of Learning Activities

Classes of hours per week for weeks as per the teaching schedule. The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
The week by week classes as per the teaching schedule below and assessments, including due dates, are subject to variation. Class teachers will to keep as close as practicable to that set out in this Part B Statement.

Course requirements: students consult timetable and are expected to attend all scheduled classes
Course support documents: see RMIT Blackboard
Student Induction: conducted prior to commencement of classes or during the first class and will cover the following: Blackboard, Overview of assessment requirements including Recognition of Prior Learning and Credit Transfers, Grading, Plagiarism, Appeals,Extensions,Feedback,Privacy, Submission requirements, Resubmission policy, Where to get support, Student responsibilities
 

A variety of teaching methods will be used including; lectures, class tutorials, discussion, case studies, problem-solving and audio-visual presentations. All materials are online.

OBJECTIVES

At the completion of this course you should be able to:

1. Identify the sources of succession law.
2. Understand the professional practice for wills and probate matters.
3. Understand the steps in preparation of documents applicable to wills and probate applications.
4. Understand the process for dealing with and filing documentation.


 


Teaching Schedule

 

 

 

 

WeekDate and Workshop                                                                              Topic                                                                                                                                          Element                                                Assessment                              
 1Workshop 1      23 July• Introduction
• General nature of a will
• Testementary capaacity
Complete tutorials.questions and activities
 

 1. Task 1 Assignment (30%)
 

2. Task 2 Preparation of documents: will and probate documents (20%)
 

3. Final Test (open Book) (50%

 2Workshop 2     20 AugustFormalities for will-making,revocation and alteration of wills
• Gifts by will
• Intestacy
• Family provision
Complete tutorials.questions and activities
 
  
 3Workshop 3      10 SeptemberPersonal Representatives and Grants of representation
• Duties.Powers and iabilities
• Complete practice questions and quizzes.
 
  
 4Workshop 4    15 OctoberTest (Open Book but no electronic devices permitted) 2 hours  Test


Learning Resources

Prescribed Texts

There are no prescribed texts.


References


Other Resources

Resources Requirements

Ken Mackie Principles of succession law First edition Butterworths 2007

Hardingham,neave and Ford.Wills and Intestacy in Australia 2nd Edition law Book co 1983

Griffiths,R.G.De B Probate Law Probate Law and practice in Australia,Law book Co 1985

DickeyA.family provision After death Law Book Co 1992

Atherton Ken Mackie ines Succession law;Commentary Materials Butterworths
1996
Kaufman.Mcnab and Were.Principles of deaced estates


Boaden,Collins,Phillips and Sparke Wills Probate and Administarion Service Victoria Butterworths oose eaf or online


Legislation
Wills Act 1997
Administation &Probate Act 1958
Trustee Act,1958


Websites

Supreme Court Probate Office website www.supreme court.vic.gov.au


Overview of Assessment

Assessment may incorporate a variety of methods including in-class exercises, problem-solving exercises, assignments, group or individual projects, presentations and written or practical tests, as well as homework activities.

Other activities may be workplace-based or simulate work practices. These may include the production of technical requirements documents, direct observation of workplace practices and the presentation of a portfolio of evidence. This portfolio may include documents, photographs, video and/or audio files.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.
 


Assessment Tasks

Assessment Tasks

1. Task 1 Assignment  (30%)
2. Task 2 Preparation of documents: will and probate documents (20%)
3. Final Test (open Book)  (50%)

You are required to complete 3 tasks. You must successfully complete all 3 tasks to be deemed competent in this unit.

You need to demonstrate you are competent in each element of the unit of competency you are studying.

Marking Guide (competency):

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment

 

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment
 

You will receive feedback on each assessment task that will inform you whether you are competent or not and how well you are performing. Once competent in all elements of the unit you receive a competency grading.

Please refer to the Final Grades table below.

Marking Guide (Grading)

After achieving competency we then grade your performance in the unit; this gives you the opportunity to have the level of your performance formally recognized against industry standards and employability skills.


The grading is according to the following criteria:


1. LEVEL OF INDEPENDENCE, INITIATIVE, ENTERPRISE AND PERFORMANCE OF WORK TASK

We are looking for a high level of ability to complete all tasks independently as per the specifications as well as demonstrating a high level of initiative in your approach to identify the laws and structures related to succession law.

2. DEMONSTRATED BREADTH OF UNDERPINNING KNOWLEDGE AND A WILLINGNESS TO CONTINUE LEARNING

We are looking for depth of understanding of the key concepts and knowledge required in identifying relevant information. You should be able to demonstrate a thorough understanding of all applicable succession requirements in all the assessment tasks.

 

3. TECHNIQUES & PROCESSES, TECHNOLOGY SKILLS AND PROBLEM SOLVING

We are looking for appropriate use of technology to assist in presenting all tasks clearly and suitable for the intended audience.

4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT

We expect to see timely submission of all required assessment tasks. Students must also ensure that they evaluate their own performance and identify areas for improvement and that this is demonstrated throughout the semester.

5. COMMUNICATION, PEOPLE NETWORKING, LANGUAGE AND INTERPERSONAL SKILLS AND TEAMWORK

We expect to see contributions to relevant discussions In addition your tasks should demonstrate a very good understanding of legal terminology.


Assessment Matrix

 Element                                                                                                                              

Assessment

Assignment                                 30%

Assessment

Preparatio                                          n of documents 20%

Test

50%                                                 

1. Identify the sources of succession law.   
2. Understand the professional practice for wills and probate matters.
 
   
3. Understand the steps in preparation of documents applicable to wills and probate applications.
 
   
4. Understand the process for dealing with and filing documentation.   

 

 


 


 

Course Overview: Access Course Overview