Course Title: Wills, probate and administration
Part B: Course Detail
Teaching Period: Term2 2014
Course Code: LAW5192
Course Title: Wills, probate and administration
School: 650T TAFE Business
Campus: City Campus
Program: C6106 - Advanced Diploma of Legal Practice
Course Contact : Doug Gourlay
Course Contact Phone: +61 3 9925 5944
Course Contact Email:firstname.lastname@example.org
Name and Contact Details of All Other Relevant Staff
Paul Ryan co-ordinator
Tel 9925 5466
Judith Dredge, sessional teacher.
Nominal Hours: 51
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
Pre-requisites: VU20111 Legal Process
The purpose of the module is to provide and develop specialised skills in particular areas of Wills and Deceased Estates as might be desired for a person engaged in the operation of a legal office, or associated fields in the public or corporate sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title:
VU20116 Wills, probate and administration
Upon successful completion of this course you will be able to:
Learning Outcome 1 - Evaluate and outline the procedure for drafting and execution of wills and identify the possible objections to the validity of wills and codicils, and apply to a relevant case study.
1.1 Analyse the law applicable to the validity of wills and identify the practical considerations arising from that law.
1.2 Determine and analyse the considerations exercised by the Registrar of Probates in relation to admitting or objecting to a form of a will.
1.3 Evaluate the functions of the following specialist areas:
• Delegation of will making power
• Revocation and Amendment of wills
• Incorporation by Reference Republication and Revival
• Purpose and operation of secret trusts
1.4 Outline and evaluate alternatives for the procedure for drafting a simple will.
• Taking instructions
• Ambiguous clauses
• Proper description of real and personal property
• Description of charities
• Appointment of executors
• Creation of testamentary trusts
1.5 Assess and determine a particular example or case study pertaining to the drafting of a will and the handling of objections to the validity of the will and codicil. Include the following elements:
• Diagnose and analyse drafting errors
• Generate ideas for correcting and removing drafting errors
• Use conceptual drafting skills in a small group environment
Learning Outcome 2 - Analyse the specialised nature, form and effect of a caveat in the Probate jurisdiction of the Supreme Court, and apply to a relevant case study.
2.1 Investigate, define and determine the applications of Caveats. Include the following:
• Form of caveat
• Meaning of caveat
• Effect of caveat
2.2 Analyse the necessary content of a caveat and to include the basis of claim and the procedure.
2.3 Specify the procedure for the commencement of proceedings, and the appropriate forms and documents.
2.4 Examine and analyse a particular example or case study, outlining the principles of drafting a will and the handling of objections to the validity of the will and codicil.
2.5 Produce a draft of a will and codicil.
Learning Outcome 3 - Identify and analyse situations giving rise to family provision claims (formerly under the Testators family maintenance provisions) and employ the legal procedures necessary to make a claim for adequate provision by a person for whom the deceased had a responsibility to make provision.
3.1 Identify and analyse Family Provision claims.
3.2 Analyse the effect of an order on a will.
3.3 Outline the procedure to make a claim for family provision under Part IV of Administration and Probate Act, 1958.
3.4 Analyse a particular example or case study identifying Family Provision, and the legal procedure to make a claim.
Learning Outcome 4 - Demonstrate how the law relating to the distribution of intestate estates, can be applied to a relevant case study.
4.1 Demonstrate and evaluate the provisions of the Administration and Probate Act.
4.2 Define, analyse and state the clauses for effectiveness.
4.3 Define and differentiate between classes of Estates.
4.4 Examine a particular case study demonstrating the law relating to the distribution of intestate estates identified in 4.1, and between classes of Estates identified in 4.3
Learning Outcome 5 - Investigate and assess the powers, duties, and obligations of Executors and Trustees in relation to the administration of deceased estates, and demonstrate in a relevant case study.
5.1 Evaluate and identify the appropriate laws relating to executors, and trustees, and discuss with reference to a relevant example. These include:
• Executors Powers, Duties and Obligations
• Trustees Powers, Duties and Obligations
5.2 Outline the practical considerations in the administration of deceased estates. ’
5.3 Specify the effects of an Executor failing to perform.
5.4 Analyse and apply the laws relating to executors and trustees as specified in 5.1 to a particular case study.
Learning Outcome 6 - Produce and employ completed documentation and procedures to obtain Probate of a will or Letters of Administration, and ascertain the power that ‘Probate’ or ‘Administration’ gives an executor or Administrator.
6.1 Analyse and define ‘Probate’ or ‘Administration’, and report on general considerations and the use of power in Probate Applications and Letters of Administration.
6.2 Identify and assess the power that ‘Probate’ or ‘Administration’ gives an executor or administrator including Power from Probate and Power from Letters of Administration.
6.3 Specify how a Probate or Administration is obtained. Consider and analyse the following steps:
• The order
• The probate application/order for probate
• The application for Letters of Administration
6.4 Determine the impact and implications of the power that ‘Probate’ or ‘Administration’ gives an Executor or Administrator.
Details of Learning Activities
A range of learning experiences are planned for this course including class and online activities, group problem solving and group debates.
Prior to training commencement a program level induction session will be conducted that comprises the following:
• Program overview and requirements
• Overview of assessment requirements
• Pre-Training Review including:
o Recognition of Prior Learning and Credit Transfers
o Assessment of current skills and knowledge
• Competency/Grading Criteria
• Submission requirements
• Resubmission policy
• Where to get support
• Student responsibilities
The nominal hours associated with this course 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.
Introduction to the Course including:
Introduction to the law of succession
|Instructions client files|
|2||14th July||General nature of Wills||Instructions for Will file 1|
|4||28th July||Formal requirements of Will making & revocation and alteration of Wills||
|5||4th Aug||Rectification of Wills and Statutory Wills||Letter + Will 1 due (12 marks)|
Construction of Wills
Instructions for deceased estate (file 2)
|7||18th Aug||Gifts by Wills|| Instructions for second Will file
|8||25th Aug|| Family provision part 1 || Probate advert due (5 marks)
|1-7 September - Mid Semester break|
Family Provision part 2
|Letter + second Will due (18 marks)|
Intestacy and distribution on intestacy
Repeat Instructions final probate documents deceased Estate
No classes work experience
No classes work experience
Appointment of Personal Representatives and Grants of Representation
Duties of Personal Representatives
|Originating Motion, Affidavit, Inventory + Parchment deceased estate due (20 marks)|
|15||20st Oct||Final Test 45 marks||Final test open book|
 Principles of Australian Succession Law by Ken Mackie 2nd ed LexisNexis- Butterworths
Recommended reference texts:
• Law of Succession Dal Pont and K F Mackie LexisNexis Butterworths
It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.
• Wills Act 1997
• Administration and Probate Act 1958
• Trustee Act 1958
Overview of Assessment
Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks and may include:
• case study analysis
• short answers questions
• written assignments/reports/tests
• oral presentations
Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant module standards are being met.
To demonstrate achievement of the learning outcomes in this course the following evidence is essential:
• Knowledge of wills and probate relating to validity of wills, drafting procedures and execution of wills
• Interpreting the key principles of wills and probate law
• Examining legal procedures to make a claim for family provisions
• Researching and analysing law relating to the distribution of intestate estates
• Investigating the administration of deceased estates
• Obtaining a grant of probate and letters of administration
In order to pass this course you must successfully complete 3 assessment tasks:
Assessment Task 1 - Client file 1 drafting and submitting letter to client enclosing relatively simple Will for signing (due week 5 – 12 marks and, subsequently, drafting letter to client enclosing more complicated Will for signing (due week 10 – 18 marks).
Submission Procedure: Hand to teacher in class
The purpose of this assessment is to introduce students to drafting wills and being able to explain to clients the purpose of the will clauses.
Assessment Task 2 - Client file 2 drafting and submitting Probate documents in respect of a deceased estate with the Probate Notice due in week 8 (5 marks) and final probate documents due in week 13 (20 marks).
Submission Procedure: Hand to teacher in class
The purpose of this assessment is to introduce students to the drafting of documents for a grant of representation
Assessment Task 3 - in class open book test (45 marks)
Due Date: Week 15 (subject to variation)
The purpose of this assessment is to test students’ ability to apply their knowledge of wills, probate and administration to typical facts situations.
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.
You will receive feedback on each assessment task that will inform you how well you are performing.
Please refer to the Final Grades table below:
|DNS||DNS||Did Not Submit for assessment|
Further information regarding the application of the grading criteria will be provided by your teacher.
• Ensure that you submit assessments on or before the due date:
• If your performance in the assessment is affected by unexpected circumstances, you should consider applying for extensions of time. (Please refer to the information in the Late Submission Procedure section below)
• If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• Always retain a copy of your assessment tasks (hard copy and soft copy).
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration
and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for
assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for
assessment is your own work. An assignment cover sheet for submission of work for assessment is available on
• Each page of your assessment should include a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.
Late Submission Procedures
If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
More Information: http://www.rmit.edu.au/students/assessment/extension
Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
If you fail an assessment you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is Pass. If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41
Course Overview: Access Course Overview