2021 LLB3389 LLB 389 Subject Outline PDF

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Faculty of Business and Law SCHOOL OF LAW

SUBJECT OUTLINE

LLB3389: Wills & Succession 6 Credit Points

LLB 389: Wills & Succession 8 Credit Points

Autumn Session 2021 Wollongong Campus – Remote Delivery This subject has been adjusted for remote delivery in Autumn 2021 due to the Coronavirus Pandemic.)

Pre-requisites LLB3389: Pre-requisites LLB 389: Co-requisites: Restrictions: Contact Hours:

LLB3389/LLB 389

LLB2220 or LLB2230 or LLB2240 LLB 220 or LLB 230 or LLB 240 Nil Nil Intensive Mode

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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TABLE OF CONTENTS Section A: Subject Information .......................................................................................................................................... 3 Subject Contacts ..................................................................................................................................................................................3 Subject Details ....................................................................................................................................................................................3 Subject Description .........................................................................................................................................................................3 Subject Learning Outcomes ............................................................................................................................................................3 Elearning, Reading, References and Materials ....................................................................................................................................4 Lectures and Seminars ........................................................................................................................................................................5 Lecture / Seminar Times .................................................................................................................................................................5 Minimum Attendance Requirements ..............................................................................................................................................5 Weekly Outline ...............................................................................................................................................................................6

Section B: Assessment ........................................................................................................................................................ 9 Assessment Tasks................................................................................................................................................................................9 Submission, Receipt and Collection Of Assessment Tasks ............................................................................................................... 15 General Assessment Information ......................................................................................................................................................17

Section C: General Advice Guide for Students ................................................................................................................ 19 Student Services and Support ............................................................................................................................................................ 19 Policies and Guidelines .....................................................................................................................................................................20

Copyright Commonwealth of Australia Copyright Regulations 1969 © 2021 University of Wollongong The original material prepared for this guide is covered by copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission.

LLB3389/LLB 389

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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Section A: Subject Information SUBJECT CONTACTS

Teaching Staff Position Subject Coordinator

Name

Email

Consultation Mode

Hayley Kelloway

[email protected]

By email or appointment

Key Contacts Name

Contact

Head of Students

Dr Kylie Lingard

[email protected]

Discipline Leader

Dr Niamh Kinchin

[email protected]

BAL Central Location

Telephone

Level 1, Building 40 4221 4478

Email

Web

[email protected]

BAL Central

Hours 9am-5pm Monday - Friday

SUBJECT DETAILS Subje c t D e sc r iptio n The law of Succession surrounds the devolution of rights and obligations upon an individual’s death, which is commonly done through the preparation and execution of a Will. This subject takes a practical approach to Wills and Succession, starting with a good estate plan. Estate planning involves the revision of a client’s asset portfolio and structures by teamwork with their accountant and financial planner to identify and define their desired outcomes on death, and how these can be best achieved considering tax minimisation and asset protection. The course focuses on the Succession Act 2006 (NSW), but encompasses the Power of Attorney Act 2003 (NSW), the Guardianship Act 1987 (NSW), and the more recent decisions of the Supreme Courts in relation to medical consent and the forms known as Advanced Health Care Directives. On satisfactory completion of the course students will have a good understanding and introduction in this growing area of legal practice. C o ur s e L e a r n ing Out co me s Course Learning Outcomes can be found in the Course Handbook. Students should refer to the Handbook pertaining to the year of their commencement and the course in which they are enrolled. Subje c t Le a r n ing Ou tc o me s On successful completion of this subject, students will be able to: Subject Learning Outcomes 1. Understand the law of Wills and develop skills and knowledge in preparing basic estate planning documents 2. Understand the necessity for a Power of Attorney and associated documents, and develop skills in building your practice and client relationships 3. Discuss the basis of estate planning 4. Contextualise and draft the primary estate planning documents (including Wills) 5. Apply developed knowledge to more complex family succession scenarios, various probate grants and judicial application such as statutory Wills 6. Explain the tax advantages and asset protection of Testamentary Trust Wills 7. Understand and explain the principles of Islamic Wills and how they can adhere to both Islamic Law and Australian jurisdictional requirements 8. Understand the major Parts of the Succession Act 2006 (NSW) and, on a more limited basis, the Powers of Attorney Act 2003 (NSW) and the Guardianship Act 1987 (NSW)

LLB3389/LLB 389

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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Stude nt W o r kl oa d Students should note that UOW policy equates 1 credit point with 2 hours of study per week, including lectures and tutorials/workshops/practicals, self-directed study and work on assessment tasks. For example, in a 6 credit point subject, a total of 12 hours of study per week is expected. Subje c t C ha ng e s a nd R es po ns e to Stu de nt Fe e dba c k

2021

As part of UOW’s response to the COVID-19 (novel coronavirus) pandemic, this subject has been converted to a remotely delivered subject. As part of this, Hayley Kelloway the Class Participation assessment task has been changed to Online Engagement and re-weighted and the other assessment tasks adjusted in weight

E x tr a o r dina r y Cha ng e s to the Subje c t O utl ine In extraordinary circumstances the provisions stipulated in this Subject Outline may require amendment after the Subject Outline has been distributed. All students enrolled in the subject must be notified and have the opportunity to provide feedback in relation to the amendment, where practicable, prior to the amendment being finalised. L ea r ning A na ly tic s Where Learning Analytics data (such as student engagement with Moodle, access to recorded lectures, University Library usage, task marks, and use of SOLS) is available to the Subject Coordinator, this may be used to assist in analysing student engagement, and to identify and recommend support to students who may be at risk of failure. If you have questions about the kinds of data the University uses, how we collect it, and how we protect your privacy in the use of this data, please refer to https://www.uow.edu.au/about/privacy/index.html.

Y o ur Pr iv a c y – L e c tur e R e c o rdi ng In accordance with the Student Privacy & Disclosure Statement, when undertaking our normal teaching and learning activities, the University may collect your personal information. This collection may occur incidentally during the recording of lectures in equipped venues (i.e. when your identity can be ascertained by your image, voice or opinion), therefore the University further advises students that:  Lecture recordings are made available to students, university staff, and affiliates, securely on the University’s Echo360 ALP (Active Learning Platform) via the eLearning platform Moodle;  Recordings are made available only for the purpose for which they were recorded, for example, as a supplemental study tool or to support equity and access to educational resources;  Recordings are stored securely for up to four years. If you have any concerns about the use or accuracy of your personal information collected in a lecture recording, you may approach your Subject Coordinator to discuss your particular circumstances. The University is committed to ensuring your privacy is protected. If you have a concern about how your personal information is being used or managed please refer to the University’s Privacy Policy or consult our Privacy webpage https://www.uow.edu.au/privacy/

ELEARNING, READING, REFERENCES AND MATERIALS Subje c t e L e a r ni ng The University uses the eLearning system Moodle to support all coursework subjects. The subject Moodle site can be accessed via SOLS. You can find guidelines to eLearning here http://www.uow.edu.au/student/elearning/guide/index.html You can find guidelines to ‘Netiquette’ here https://www.uow.edu.au/student/learning-co-op/technology-andsoftware/common-digital-communication-channels/ NOTE: Subject materials, such as Textbooks and Subject Readers, can be purchased through the UniShop.

LLB3389/LLB 389

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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R e mo te Study Suppo r t Site In addition to the Subject Moodle site, the Remote Study Support Moodle site (CRSE027_20) is accessible to support your studies from remote locations around the globe until you can return to on campus study. This site will appear as an additional site on your list of active Moodle subject sites. This site contains comprehensive information with a range of resources related to teaching and learning as well as other student support information. Pr e s c r ibe d T e x ts 

G L Certoma, The Law of Succession in New South Wales (Thomson Reuters, 4th ed, 2010).

R e c o mme nde d R e a ding s / V ie w ing / L iste ni ng These resources are recommended and are not intended to be exhaustive. Students are encouraged to use the Library catalogue and databases to locate additional resources and supplement the recommendations with resources discovered through their own research, both online and in hard copy. UOW Library http://www.library.uow.edu.au/index.html  

G L Certoma, Succession: Commentary and Materials (Thomson Reuters, 6th ed, 2010) Rosalind Croucher and Prue Vines, Succession: Family, Property and Death (LexisNexis Butterworths, 4th ed, 2013)

LECTURES AND SEMINARS L e c tur e / S e mi na r T ime s Current timetable information is located at http://www.uow.edu.au/student/timetables/index.html. M inimum A tte nda nc e Re qu ir e me nt s The subject is offered in intensive mode from 9.30 am to 5.00 pm over four days, with each day incorporating a combination of lectures and seminar-style exercises and discussions. Attendance for all four days of the intensive is compulsory. If you miss any class, and you do not have grounds for Academic Consideration and appropriate supporting documentation, you should withdraw from the subject (if it is before the last date for withdrawal – 7 May 2021) or you will receive a Technical Fail. If you miss 1 day [25%], and you have grounds for Academic Consideration with supporting documentation (e.g. illness or other emergency), you will be permitted to remain in the course. If you miss more than 1 day, and you have grounds for Academic Consideration and appropriate supporting documentation for both days, you will need to withdraw from the subject (if prior to the final withdrawal date of 7 May 2021, you can withdraw through SOLS. If the last date for withdrawal has passed, you will need to contact the Head of Students to apply for late withdrawal from the course without academic penalty). L e c tur e R e c o r d ing s The University of Wollongong supports the recording of lectures as a supplemental study tool, to provide students with equity of access, and as a technology-enriched learning strategy to enhance the student experience. If you make your own recording of a lecture you can only do so with the explicit permission of the lecturer and those people who are also being recorded. You may only use recorded lectures, whether they are your own or recorded by the University, for your own educational purposes. Recordings cannot be altered, shared or published on another platform, without permission of the University, and to do so may contravene the University’s Copyright Policy, Privacy Policy, Intellectual Property Policy, IT Acceptable Use Policy and Student Conduct Rules. Unauthorised sharing of recordings may also involve a breach of law under the Copyright Act 1969.

LLB3389/LLB 389

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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W e e kly Outl ine This is a guide to the weekly topics however the sequence of these topics may on occasion vary due to unforeseen circumstances. Check the Subject Moodle site for more details Week / Date

Outline of Weekly Lecture Outline of Weekly Tutorial Topic Topic

Task Due

Week 1 Commencing 1 March

No Class

N/A

N/A

DAY 1: Class 1, 10 March

DAY 1: Class 1, 10 March

Session 1  What is Succession and Estate Planning?

Session 1  Estate Planning: Power of Attorney & Enduring Guardian

Session 2  What is a Will  What is Testamentary Capacity?

Session 2  Wills

Week 2 Commencing 8 March

Session 3  Non-Will Assets DAY 1: Class 2, 17 March

Week 3 Commencing 15 March

Week 4 Commencing 22 March

Session 3  Various Estate Planning Documents DAY 1: Class 2, 17 March

Session 1  What is Succession and Estate Planning?

Session 1  Estate Planning: Power of Attorney & Enduring Guardian

Session 2  What is a Will  What is Testamentary Capacity?

Session 2  Wills

Session 3  Non-Will Assets DAY 2: Class 1, 24 March Session 1  The Succession Act 2006 (NSW) and the New Rules for Intestacy Session 2  Wills Succession  Definition and Nature of a Will

N/A

N/A

Session 3  Various Estate Planning Documents DAY 2: Class 1, 24 March Session 1  Family Provision Claims Session 2  Testamentary Trust Wills Session 3  In-class Online Quiz & Class Review

Day 2: First Online (10%)

Quiz

Session 3  The Mental Element & the Formal Element

LLB3389/LLB 389

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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Week 5 Commencing 29 March

DAY 2: Class 2, 31 March

DAY 2: Class 2, 31 March

Session 1  The Succession Act 2006 (NSW) and the New Rules for Intestacy

Session 1  Family Provision Claims

Session 2  Wills Succession  Definition and Nature of a Will

Session 2  Testamentary Trust Wills Session 3  In-class Online Quiz & Class Review

Day 2: First Online (10%)

Quiz

Session 3  The Mental Element & the Formal Element Week 6 Commencing 5 April*

No Class

Week 7 Commencing 12 April

Commencing 19 April (during the recess)

Week 8 Commencing 26 April

No Class

No Class

DAY 3: Class 1, 21 April

DAY 3: Class 1, 21 April

Session 1  Islamic Wills

Session 1  Islamic Wills in Australia

Session 2  Islamic Wills Advanced Issues

Session 3  In-class Online Quiz & Class Review

DAY 3: Class 2, 28 April

DAY 3: Class 2, 28 April

Session 1  Islamic Wills

Session 1  Islamic Wills in Australia

Session 2  Islamic Wills Advanced Issues

Assignment DUE Wednesday 14 April 2021 4.00pm (20%)

Session 2  Statutory Provisions & Republication and Revival

Session 3 The Will Speaks from Death

Session 3 The Will Speaks from Death

LLB3389/LLB 389

No Class

Day 3: Second Online Quiz (10%)

Session 2  Statutory Provisions & Republication and Revival Session 3  In-class Online Quiz & Class Review

Day 3: Second Online Quiz (10%)

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONGONG FACULTY OF BUSINESS AND LAW

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DAY 4: Class 1, 5 May

DAY 4: Class 1, 5 May

Session 1  Revocation and Alterations

Week 9 Commencing 3 May

Session 2  Administering the estate post-probate

Session 2  Practical Lessons in Respect of the Probate Client

Session 3 • Important Cases

Session 3  Small group Discussions and Presentations

DAY 4: Class 2, 12 May

DAY 4: Class 2, 12 May

Session 1  Revocation and Alterations

Week 10 Commencing 10 May

Session 1  Remoteness of Vesting and Failure

Session 2  Administering the estate post-probate Session 3 • Important Cases

Session 1  Remoteness of Vesting and Failure Session 2  Practical Lessons in Respect of the Probate Client Session 3  Small group Discussions and Presentations No Class

Week 11 Commencing 17 May

No Class

N/A No Class

Week 12 Commencing 24 May

No Class

Wills and Succession Major Assignment DUE Wednesday 26 May 2021 4.00pm (50%)

No Class

Week 13 Commencing 31 May

No Class

Commencing 7 June

N/A

Study Recess Examination Period 12 June to 24 June

To be confirmed

Deferred and Supplementary Exam Period

*Public Holiday: Friday 2 April (Week 5), Monday 5 April (Week 6) and Monday 14 June (during exam period)

LLB3389/LLB 389

AUTUMN SESSION 2021 UNIVERSITY OF WOLLONG...