Succession (LAW301)

Learning outcomes

Upon completion of this unit, students will be able to:

1. demonstrate knowledge and understanding of the various areas of law that apply to the succession to property upon death in NSW including: intestacy; testamentary succession; the making, revocation, alteration, rectification, and construction of wills both formal and informal; testamentary capacity; family provision; grants of representation; administration and distribution of estates; and related matters;
2. identify, analyse, and critically evaluate major themes in succession law including the concepts of testamentary freedom and moral duty in respect of family provision;
3. distinguish between testamentary succession and the acquisition of property consequent on the death of another regarding jointly held property, life insurance and superannuation to identify what constitutes the deceased's estate and in so doing identify, analyse, and critically evaluate the interaction between the law of succession and other areas of law with regard to Equity and Trusts, Family Law, and Contract Law; and
4. analyse complex factual problem-based scenarios relating to the succession to property upon death and critically apply the relevant law to provide correct legal advice in written and oral form that is well argued and supported by appropriate authority.