Course Title: Explore and apply wills, probates and administration procedures
Part B: Course Detail
Teaching Period: Term2 2020
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: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Rocio (Andrea) Roman
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:
1.4 Outline and evaluate the alternative procedures for drafting a simple will, including:
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
This semester we will be learning remotely through Collaborate Ultra Sessions.
A range of learning activities are planned for this course including self-paced and discussion 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 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.
This course will be delivered via our existing learning management system, Canvas. This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
This course is comprised of one competency:
VU21639 Explore and apply wills, probate and administration procedures
Induction Session
Prior to training commencement a program level induction session will be conducted that comprises the following:
- Program overview and requirements
- MyRMIT/Blackboard
- 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: LAW5720 Wills, Probate and Administration Procedures, Semester 2, 2020 | |||
|
Week commences |
Topic |
Readings and Activities |
Assessment |
|
Week 1 July 6 |
Introduction to the law of succession |
Reading: Mackie text chapter 1 Activity: Drafting wills and Enduring Powers of Attorney. |
|
|
Week 2 July 13 |
General nature of Wills |
Reading: Mackie text chapter 2 and, also, chapter 16 on Survivorship. |
|
|
Week 3 July 20 |
Will-making capacity |
Reading: Mackie text chapter 3. |
|
|
Week 4 July 27 |
Formal requirements of Will making, revocation and alteration of Wills |
Reading: Mackie text chapters 5,6 and 7.
|
|
|
Week 5 August 3 |
Rectification of Wills and Statutory Wills |
Reading: Mackie text chapters 2 and 4 |
Assessment Task 1 due |
|
Week 6 August 10 |
Construction of wills |
Reading: Mackie text chapter 8 |
|
|
Week 7 August 17 |
Gifts by Wills |
Reading: chapter 9 Mackie text. |
|
|
Week 8 August 24 |
Family Provision part 1 |
Reading: Mackie text chapter 11. |
|
| Mid-Semester Break | |||
|
Week 9 September 7 |
Family Provision part 2 |
Reading: Mackie text chapter 11. |
|
|
Week 10 September 14 |
Intestacy and distribution on intestacy |
Reading: Mackie text chapter 10, but intestacy provisions of APA amended after text published |
Assessment Task 2 due |
|
Week 11 September 21 |
Appointment of Personal Representatives and Grants of Representation |
Reading: Mackie text chapters 12 & 13. |
|
|
Week 12 September 28 |
Duties of Personal Representatives |
Reading: Mackie text chapters 14 & 15. Activity: Help with probate documents for assessment 3 |
|
|
Week 13 October 5 |
Revision |
|
Assessment Task 3 due |
|
Week 14 October 12 |
Assessment Task 4 due in class |
||
|
Week 15 October 19 |
Resubmissions |
|
|
|
Week 16 October 26 |
Resubmissions |
|
|
|
Week 17 November 2 |
Grade Entry |
|
|
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.
Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials can be accessed by going into the RMIT web sites Online Learning Hub.
The online learning materials listed include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities.
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
ASSESSMENT TASK 1 - Product assessment task
Due: 11:59PM Sunday 9 August 2020
The objective of this assessment is to allow you to demonstrate that you have acquired the knowledge and skills taught in class to date and apply this knowledge to drafting a simple will and a letter to our firm’s client enclosing the Will and explaining the contents of the Will and the manner of Will signing in the presence of witnesses.
ASSESSMENT TASK 2 - Product assessment task
Due: 11:59PM Sunday 20 September 2020
The objective of this assessment is to allow you to demonstrate 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.
ASSESSMENT TASK 3 - Product assessment task
Due: 11:59PM Sunday 11 October 2020
This assessment will allow you to demonstrate your ability 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.
ASSESSMENT TASK 4 - Online Assessment
Due: In-class during week commencing 12 October 2020
This assessment task allows you to demonstrate your 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.
Assessment Matrix
The assessment matrix that maps all the assessment is available on CANVAS.
Other Information
Submission Requirements
- Ensure that you submit assessments on or before the due date.
- 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 the Assessment task document that includes a declaration and statement of authorship.
- 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.
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.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview