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Unit outline_

LAWS5127: Death and Inheritance Law

Semester 1, 2022 [Normal day] - Remote

In terms of content, the unit covers the law that governs the transmission of property rights on the death the holder of those property rights to other persons. The unit begins with an overview of succession law in Australia; looking at testamentary freedom in its historical context; the development of powers of testation, and the reception of English law in NSW. The unit then considers the modern family relationships for succession; the boundaries of the law of succession (dealing with such matters as nominations, donationes mortis causa and contracts involving wills); the legal fact of death; intestate succession, the law of wills, family provision legislation and if time permits some aspects of the administration of deceased estates. Students who wish to practise in the area of succession law are encouraged to consider studying this unit, because the matters covered in this unit are indispensable for a career in succession, property and inheritance. From a pedagogical perspective, the assessment is structured to improve the problem-solving skills of students. The classroom-style is structured to encourage students to participate in discussion and to learn collaboratively.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
LAWS3427
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Harry Simons, harrison.simons@sydney.edu.au
Lecturer(s) Harry Simons, harrison.simons@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home short release) Type D final exam Final take-home exam
Final 2 hour (plus 30 minutes reading time) take-home exam
60% Formal exam period 2 hours
Outcomes assessed: LO1 LO2 LO6
Assignment Problem question assignment
Hypothetical problem question (assessing Topics 1-5)
40% Week 07
Due date: 06 Apr 2022 at 17:00
2,000 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Type D final exam = Type D final exam ?

Assessment summary

1. Problem question assignment (40%):

This assessment will comprise a 2,000-word take-home hypothetical problem question which will assess students’ understanding and application of the case law and legislation in Topics 1 to 5. The problem question will be released by 5:00pm on 16 March 2022 and must be submitted by 5:00pm on 6 April 2022. Further details of the assessment will be published on Canvas.

Please note that a grant of special consideration in relation to this piece of assessment will result in an extension of time in which to submit this assessment (up to 20 days from the original date of submission). If an extension of more than 20 days is required to submit this assessment, the appropriate form of relief will be determined at the discretion of the unit of study coordinator. 

     

2. Final exam (60%):

The final assessment will be a 2-hour take-home exam (comprising 3000 words) held during the formal exam period. The exam will contain one or two hypothetical problem questions which will assess students’ understanding and application of the case law and legislation in all Topics in the unit of study. Further details of the exam will be published on Canvas.

Please note that a grant of special consideration in relation to this piece of assessment will result in a replacement exam to be held during the replacement exam period.

 

IMPORTANT NOTE: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. (NB: this rule applies only to the mid-semester problem question). Exams submitted after the deadline will not be accepted.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Topic 1: Introduction Seminar (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Topic 2: Relationships Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 Topic 2: Relationships (continued) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Topic 3: Boundaries Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 03 Topic 3: Boundaries (continued) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Topic 4: Death Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 04 Topic 5: Legal Personal Representative Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Topic 6: Intestacy Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 06 Topic 7: Wills - definition and the testator’s mind Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 07 Topic 8: Wills - the formal process Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 09 Topic 9: Wills - the testator’s changing mind Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 10 Topic 10: Wills - establishing the text; establishing the meaning Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Topic 11: Wills - when gifts fail Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 11 Topic 11: Wills - when gifts fail (continued) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Topic 12: Family provision Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 12 Topic 12: Family provision (continued) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Examination preparation Seminar (2 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as as per the delivery mode of the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word Count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks allocated to the piece of assessment for every 100 words, or part thereof, over the limit. The total word count for essays and other written assessments will:

  • exclude: bibliography; footnote numbers; footnote citations; cover page and
  • include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • The prescribed word limit is strict. There is no 10% leeway or any other leniency applied to word limits.
  • For full policy on penalties and other student policies please refer to the Faculty Handbook: http://sydney.edu.au/handbooks/law/rules/faculty_resolutions.shtml

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • Probate and Administration Act 1898 (NSW) statute
  • Succession Act 2006 (NSW) statute
  • Croucher and Vines, Succession: Families, Property and Death (5th ed, 2019)

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. demonstrate a depth of disciplinary experience including knowledge of the content and basic legal principles of key areas of law relating to the writing of wills and the devolution of property with respect to testate and intestate estates.
  • LO2. develop critical thinking and problem solving such as an ability to analyse and evaluate principles and policy in respect to the creation, interpretation and enforcement of wills and the administration of deceased estates; and an ability to apply the law and policy considerations to hypothetical but typical problems arising in practice, appreciating legal complexity.
  • LO3. communicate effectively and intelligently with peers in respect of legal issues that arise in the context of succession law.
  • LO4. use digital resources efficiently to independently retrieve case law and legislation.
  • LO5. work productively, collaboratively and openly across cultural boundaries with fellow students and, moving beyond the classroom environment, fellow legal practitioners.
  • LO6. develop an integrated professional, ethical and personal identity to manage the challenge of study and appreciate that there will be uncertainties arising in the application of law (in the context of succession law in particular and the law more generally).

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9
LO1         
LO2         
LO3         
LO4         
LO5         
LO6         

This section outlines changes made to this unit following staff and student reviews.

After careful consideration of student feedback from when this unit was last offered in Semester 1 of 2021, the 2022 Reading Guide will contain fewer required/optional readings for students.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.