LLAW3265 Succession

Students will study the theoretical, legislative and common law requirements involved in the management of persons' assets after death plus allied areas: powers of agency in financial, health and welfare.

This topic aims to provide an overview of common and statutory laws regulating testamentary practice in South Australia especially: drafting wills and other testamentary documents; estate planning; administration of deceased estates, including trusts; probate in common and solemn form; letters of administration and intestacy; making claims against estates. This topic also offers opportunities for the development and practice of the skills of research, analysis, of oral and written communication.

1. Understand and explain common and statutory laws regulating inheritance
2. Understand and explain common and statutory laws regulating formalities and validity of wills
3. Understand and explain common and statutory laws regulating applications for probate and letters of administration
4. Understand and explain common and statutory laws regulating administration of estates
5. Understand and explain common and statutory laws regulating family provision claims so that recommendations can be made for resolution of problems
6. Recognise and analyse succession law problems so that appropriate alternatives for resolution may be chosen
7. Understand the historical and present development of succession law
8. Communicate these understandings and applications
9. Design, prepare and present a significant piece of independent academic writing, demonstrating clear communication, correct scholarly practices of citation and referencing and familiarity with relevant materials within and beyond legal sources