UWA Handbook 2025

Unit Overview

Description

This unit examines the law relating to wills, estates, intestacy and family provision. The unit includes analysis of the definition and nature of a will, formal requirements of a will, construction of wills, vitiating factors affecting testators and beneficiaries, revocation, republication and revival of wills, legacies and devises, intestate succession, administration of estates of deceased persons and family provision after death.

Credit

6 points

Offering

Availability	Location	Mode
Not available in 2025	UWA (Perth)	Face to face

Outcomes

Students are able to (1) demonstrate at an advanced level knowledge of (a) the law of succession; (b) the Wills Act 1970 (WA) as amended; (c) testate and intestate succession; (d) the elements of a claim against an estate for further provision by an eligible person for some or further provision from an estate; (e) the Family Provision Act 1972 (formerly the Inheritance (Family and Dependants Provision) Act 1972) and the recent changes to the Act; (f) the policy and reform issues that are relevant to succession law; and (g) international, national and comparative perspectives on Western Australian Succession Law; (2) critically demonstrate (a) the ability to reflect upon and respond to ethical issues arising in succession law particularly in the area of Moral Duty and its application in the Family Provision Act 1972 (WA); and (b) a developing ability to exercise professional judgement with regards succession issues; (3) critically demonstrate the ability to (a) identify and articulate complex issues that arise in succession law; (b) apply legal reasoning to solve hypothetical succession problems, in particular developing and explaining arguments in resolving issues; and (c) engage in critical analysis of succession law legislation and scholarship, including the changes and reasons for change made by the Wills Amendment Act 2008; (4) identify, research, critically evaluate and synthesise the factual, legal and policy issues arising in succession law and demonstrate sophisticated cognitive and creative skills in generating appropriate responses to justify conclusions and professional decisions; and (5) demonstrate an ability and willingness to (a) participate and contribute to seminar discussion; and (b) present arguments in ways that are effective, appropriate and persuasive to legal and non-legal audiences.

Assessment

Indicative assessments in this unit are as follows: (1) class participation; (2) written assignment; and (3) examination. Further information is available in the unit outline.

Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)

Dr John Hockley

Unit rules

Prerequisites

Enrolment in

20810 Doctor of Juridical Science

Incompatibility

LAWS5187 Succession Law

Contact hours

3 hours per week

Reference texts

Dal Pont, G. E. and Mackir, K. F. Law of Succession: LexisNexis Butterworths 2013

Atherton, R. F. and Vines, P. Succession, Families, Property and Death: Text and Cases, 2nd edn: LexisNexis Butterworths 2003

Hockley, J. J. et al. Wills Probate and Administration Service (Western Australia): Butterworths 1999+ (loose-leaf and online)

Recommended
reading

Administration Act 1903 (WA) (especially ss 12A–15)

The Family Provision Act 1972 (WA) [formerly the Inheritance (Family and Dependants Provision) Act 1972 (WA)]

Trustees Act 1962 (WA)

Wills Act 1970 (WA) (as amended) by the Wills Amendment Act 2008 (WA)