LAWS5187 Succession Law
- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- 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.
- 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) 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) 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, 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.
- 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.
Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course
- Unit Coordinator(s)
- Dr John Hockley
- Unit rules
- Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics
- Contact hours
- 3 hours per week
- Unit Outline
- Semester 1-2020 [SEM-1-2020]
- 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)
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)
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available via the Booktopia Textbook Finder, which has the functionality to search by course code, course, ISBN and title, and may also be posted or available at the appropriate school's administrative offices. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.