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 |
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 |
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 |
Element: |
4. Process documentation |
Performance Criteria: |
4.1. Ensure documents are despatched to appropriate agencies according to instructions |
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
Week | Date and Workshop | Topic | Element | Assessment |
1 | Workshop 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% |
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2 | Workshop 2 20 August | Formalities for will-making,revocation and alteration of wills • Gifts by will • Intestacy • Family provision Complete tutorials.questions and activities |
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3 | Workshop 3 10 September | Personal Representatives and Grants of representation • Duties.Powers and iabilities • Complete practice questions and quizzes. |
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4 | Workshop 4 15 October | Test (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. |
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3. Understand the steps in preparation of documents applicable to wills and probate applications. |
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4. Understand the process for dealing with and filing documentation. |
Course Overview: Access Course Overview