Course Title: Explore and apply wills, probates and administration procedures
Part B: Course Detail
Teaching Period: Term2 2019
Course Code: LAW5720
Course Title: Explore and apply wills, probates and administration procedures
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
Course Contact: Robert Sheen
Course Contact Phone: +61 3 9925 5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Roz Curnow
Nominal Hours: 50
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 skills and knowledge required to apply the rules and provisions for areas of wills and deceased estates in order to provide specialised support of the work of a legal office, practice or associated context.
This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21639 Explore and apply wills, probates and administration procedures |
Element: |
1. Explore and apply the procedure for drafting and execution of wills |
Performance Criteria: |
1.1 Identify and describe the law applicable to the validity of wills and practical considerations arising from that law 1.2 Research and describe 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 the alternative procedures for drafting a simple will, including: • taking instructions • ambiguous clauses • proper description of real and personal property • description of charities • appointment of executors • creation of testamentary trusts 1.5 Evaluate and practice the procedures for assessing a will and for handling objections to the validity of the will and codicil, including diagnosis, correction and removal of errors |
Element: |
2. Analyse and apply provisions relating to caveats |
Performance Criteria: |
2.1 Investigate the meaning, forms and effects of caveats and analyse for application to practice 2.2 Identify the necessary content of a caveat, including the basis of claim, and apply the procedure 2.3 Examine the probate jurisdiction of the Supreme Court 2.4 Specify and apply the procedure for the commencement of proceedings, including the appropriate forms and documents 2.5 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. 2.6 Produce a draft of a will and codicil |
Element: |
3. Identify and apply procedures for family provision claims |
Performance Criteria: |
3.1 Research, describe and discuss the Family Provision claims, including situations that give rise to claims 3.2 Research and debate the effect of an order on a will 3.3 Outline and apply the procedure to make a claim for family provision under Part IV of Administration and Probate Act, 1958 |
Element: |
4. Evaluate and apply the law relating to the distribution of intestate estates |
Performance Criteria: |
4.1 Examine and apply the provisions of the Administration and Probate Act relating to distribution of intestate estates 4.2 Define and apply the clauses for effectiveness 4.3 Compare and contrast the differences between classes of estates and analyse their application to the distribution of intestate estates |
Element: |
5. Investigate and assess the powers, duties, and obligations of executors and trustees in relation to the administration of deceased estates |
Performance Criteria: |
5.1 Evaluate and identify the law relating to powers, duties and obligations of both executors and trustees in relation to the administration of deceased estates 5.2 Outline the practical considerations in the administration of deceased estates 5.3 Research and discuss the effects of an executor failing to perform |
Element: |
6. Follow procedures to obtain probate of a will or letters of administration |
Performance Criteria: |
6.1 Identify and describe the terms Probate and Administration are defined and the general considerations and use of power in Probate Applications and Letters of Administration 6.2 Research and discuss the impact and implications of the power that Probate or Administration gives an executor or administrator, including the application Power from Probate and Power from Letters of Administration 6.3 Outline the procedure for obtaining a grant of probate or administration, with consideration of: advertising; searching; affidavits; the order, and the probate application/order for probate 6.4 Determine the impact and implications of the power that 'Probate' or 'Administration' give an Executor or Administrator |
Learning Outcomes
Details of Learning Activities
A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.
The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.
We expect you to participate and contribute in all scheduled learning activities.
Teaching Schedule
Induction Session
Prior to training commencement a program level induction session will be conducted that comprises the following:
- Program overview and requirements
- MyRMIT/Canvas
- Overview of assessment requirements
- Pre-Training Review including:
- Recognition of Prior Learning and Credit Transfers
- Assessment of current skills and knowledge
- Competency/Grading Criteria
- Plagiarism
- Appeals
- Extensions
- Feedback
- Privacy
- Submission requirements
- Resubmission policy
- Where to get support
- Student responsibilities
The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)
Course schedule
Week commences |
Topic |
Readings and Activities |
Assessment |
Week 1 – 8 July |
Introduction to the law of succession |
Reading: Mackie text chapter 1 Activity: Drafting wills and Enduring Powers of Attorney. |
Introduction to client files |
Week 2 – 15 July |
General nature of Wills |
Reading: Mackie text chapter 2 and, also, chapter 16 on Survivorship. |
Client file 1 Part A (Assignment 1) Instructions for letter to client and Will 1 |
Week 3 – 22 July |
Will-making capacity |
Reading: Mackie text chapter 3. |
|
Week 4 – 29 July
|
Formal requirements of Will making, revocation and alteration of Wills |
Reading: Mackie text chapters 5,6 and 7.
|
|
Week 5 – 5 August |
Rectification of Wills and Statutory Wills |
Reading: Mackie text chapters 2 and 4 |
Assignment 1 – (Part A) - Letter + first Will due |
Week 6 – 12 August |
Construction of wills |
Reading: Mackie text chapter 8 |
Client file 1 Part B (Assignment 2) Instructions for second Will re file 1 |
Week 7 – 19 August |
Gifts by Wills |
Reading: chapter 9 Mackie text. |
|
Week 8 – 26 August |
Family Provision part 1 |
Reading: Mackie text chapter 11. |
|
MID-SEMESTER BREAK 2 - 6 September (both inclusive) | |||
Week 9 – 9 September |
Family Provision part 2 |
Reading: Mackie text chapter 11. |
|
Week 10 – 16 September |
Intestacy and distribution on intestacy |
Reading: Mackie text chapter 10, but intestacy provisions of APA amended after text published |
Assignment 2 – (Part B) -Letter + 2nd Will due Client file 2 (Assignment 3) Instructions final Probate documents deceased Estate |
Week 11 – 23 September |
Appointment of Personal Representatives and Grants of Representation |
Reading: Mackie text chapters 12 & 13. |
|
Week 12 – 30 September |
Duties of Personal Representatives |
Reading: Mackie text chapters 14 & 15. Activity: Help with probate documents for assessment 3 |
|
Week 13 – 7 October |
Revision |
|
Case studies for Assessment 4
Assignment 3 Probate notice due Originating Motion, Affidavit, Inventory + Parchment deceased estate due |
Week 14 (14/10/2019) to week 16 (28/10/2019) |
Revision |
|
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Week 15 (21/10/2019) |
|
|
Assessment 4 Due Final test case study problems - 2 hours plus reading time – open book |
Week 16 |
Feedback/Resubmissions |
|
|
Week 17 |
Feedback/Resubmissions |
|
|
The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this 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.
Learning Resources
Prescribed Texts
References
Principles of Australian Succession Law by Ken Mackie 3rd edition LexisNexis - Butterworths |
Other Resources
Overview of Assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
In order to demonstrate competency in this unit, you must provide evidence of:
• 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
Context for assessment
Assessment must ensure:
• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification
You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
Feedback
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.
You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.
Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
Assessment Tasks
You are required to complete the following assessment tasks:
Assessment Task 1 and 2
For this assessment task you will work on a simulated client file. You will be required to draft and submit a letter to the client and prepare and enclose (a) a simple Will ready for signing; and, subsequently, (b) a more complicated Will and letter of advice - (Part (a) is due week 5 and Part (b) is due week 10).
Assessment Task 3
For this assessment you will work on a second client file. You will be required to draft and submit the relevant probate documents in respect of a deceased estate with the Probate Notice and final probate documents (due week 13).
Assessment Task 4
For this assessment task you will be required to undertake an in-class 2 hour (plus reading time) open book case study problems under test conditions scheduled for week 14. You will undertake the assessment during your scheduled class time.
You must successfully complete all the assessment tasks to be deemed competent
Assessment Matrix
The assessment matrix that maps all the assessment is available on CANVAS
Other Information
Submission Requirements
You should:
Late Submission Procedures You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates. If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work Where an extension of greater than seven days is needed, you must apply for Special Consideration. You must submit your application within five working days after your assessment date or due date. More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration Resubmissions (VET Programs): If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 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:
Final Results
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.
The following grades are available for this course: | ||
CA |
Competency Achieved |
|
NYC |
Not Yet Competent |
|
DNS |
Did Not Submit for Assessment |
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Course Overview: Access Course Overview