LAW 6510 - Wills and Estates Practice

Course Details

Course Code	LAW 6510
Course	Wills and Estates Practice
Coordinating Unit	Adelaide Law School
Term	Semester 2
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange	N
Restrictions	Available to GDLP students only. Not available for Study Abroad & Exchange.
Assessment	Assessment in this course will include the following: short answer questions, draft will and letter of advice, obtaining probate and estate litigation.

Course Staff

Course Coordinator: Diane Van Bochove

Course Timetable

The full timetable of all activities for this course can be accessed from Course Planner.

LECTURES
For Wills and Estates there are 10 hours of lectures: the lectures are pre-recorded and available online.
There are NO face to face lectures.

SEMINARS
For Wills and Estates there are 8 hours of Seminars divided into the following blocks of time
All Seminars are compulsory
Students enrol in ONE seminar group ONLY

Topic 1: Drafting Wills 2hours
Topic 2: Administering Deceased Estates 2 hours
Topic 3: Taking Action to Resolve Wills and Estates Problems 4 hours

ONLINE ACTIVITIES
In addition to the Lectures and Seminars there are 6 hours of online activities to be completed.

Course Learning Outcomes

On successful completion of this course, students will be able to:

1	Demonstrate knowledge required to draft a will and administer a deceased estate.
2	Determine appropriate course of action to achieve desired objectives.
3	Prepare, conduct and analyse real or simulated client interviews clarify instructions and provide follow-up and advice, if applicable, having regard to the circumstances, good practice and the requirements of the law.
4	Assess client requirements and propose coherent feasible solutions.
5	Demonstrate a commitment to work ethically and collaboratively so as to meet the professional expectations required of lawyers.

University Graduate Attributes

This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

University Graduate Attribute	Course Learning Outcome(s)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	2
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	1-5
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	3-4
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	5
Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.	3
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	.
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	.

Required Resources

No textbooks are assigned for GDLP courses.

Seminar resources and readings are available on MyUni ONLY. Students must bring electronic devices to seminars to access seminar materials.

Due to an emphasis on current legal practice other materials may be added after the course outline has been posted. Students are required to check MyUni daily to keep up to date.

Recommended Resources

Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:

http://www.comlaw.gov.au/
http://www.legislation.sa.gov.au/index.aspx
http://www.austlii.edu.au/

Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni daily to keep up to date.

Online Learning

The course is supported by the MyUni course website. The website contains the following resources:

1. Course information – including seminar schedule and assessment outline.
2. Course materials – such as lecture presentations, seminar materials, readings and resources.
3. Assessment – items of assessment and online submission.
4. Grade centre – where students’ results for assessments are entered.

MyUni will also be used to post announcements. Students are expected to check MyUni daily to keep up to date.

Students should check daily their University of Adelaide email.

Learning & Teaching Modes

The course will be taught through online lectures supported by face to face interactive problem-solving seminars and practical exercises developing primary material.

Students must come prepared for seminars with prior reading of material and draft responses to the seminar questions. Students must arrive on time for the seminars. If students have not prepared seminar responses and/or have arrived more than 10 minutes late they will be asked to leave the seminar group and enrol in another seminar group.

A reminder that students MUST bring along an electronic device to the seminars so that they can access the seminar material electronically.

Attendance is necessary to ensure that students are part of an interactive and reflective learning environment (which enhances learning outcomes of the substantial material covered) and develop their skills of oral presentation, teamwork and persuasion (valuable communication skills in professional environments).

Preparation for seminars is an essential element of this course. The necessary interactive learning environment in a seminar cannot be achieved without informed participation from all students. Further, by working in small groups within seminars to answer some questions, students develop skills of teamwork. Moreover, active participation in seminar discussions requires students to develop their skills of oral presentation, and their abilities to persuade others through the use of reasoned argument.

Students who, due to disability, compelling medical or compassionate reasons, or in exceptional circumstances, are unable to attend the required number of seminars, may complete alternative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar missed and will be negotiated with the GDLP Program Director. Students should inform the GDLP Program Director at the earliest opportunity if they will require this permission.

For these reasons seminar attendance is compulsory and active participation is required.

Workload

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

There will be 10 hours of online lectures and 8 hours of face to face seminars during the course plus an additonal 6 hours of online activities

Wills and Estates is a 2 week ELECTIVE intensive course.

In addition to the lectures and seminars, we recommend that you spend 8 hours per week in private study which includes reading the material, preparing for lectures and seminars and undertaking the assessment tasks.

Learning Activities Summary

Topic 1: Drafting Wills

Lecture 1a: 1 hour
Taking Instructions for a Will

Lecture 1b: 1 hour
Drafting Wills

Seminar 1: 2 hours
Drafting Wills - The Interview

Assessment: Will Drafting Short Answer Questions 20%

Assessment: Letter of Advice to Client 20%

Topic 2: Administering Deceased Estates

Lecture 2a: 2 hours
Administering Deceased Estates

Lecture 2b: 1 hour
Identifying Entities and the Effect of Death on those Entities

Lecture 2c: 1 hour
Intestacy

Seminar 2: 2 hours
Obtaining Probate

Assessment: Administering Estates Scenariois, 30%

Topic 3: Taking Action to Resolve Wills and Estates Problems

Lecture 3a: 2 hours
Courts Proceedings to Prove a Will

Lecture 3b: 1 hour
Inhertiance (Family Provision) Act Claims

Lecture 3c: 1 hour
Wills and Estates Tax Issues

Seminar 3a: 2 hours
Taking Action to Resolve Wills and Estates Problems - Part 1

Seminar 3b: 2 hours
Taking Action to Resolve Wills and Estates Problems - Part 2

Assessment: Wills and Estates Workbook 30%

Specific Course Requirements

The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are required to demonstrate competence in these standards. Consequently, compulsory attendance and active participation in seminars is required.

The University's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary

Topic 1: Drafting Wills

Assessment:
Will Drafting Short Answer Questions 20%

Available:2/10/14, 9am
Deadline: 9/10/14, 5pm

Learning Objectives: 1 to 6

Assessment:
Letter of Advice to Client 20%

Available: 3/10/14, 9am
Deadline: 10/10/14, 5pm

Learning Objectives: 1 to 6

Topic 2: Administering Deceased Estates

Assessment:
Administering Estates Scenarios, 30%

Available: 3/10/14, 9am [Labour Weekend]
Deadline: 13/10/14, 5pm

Learning Objectives: 7 and 8

Topic 3: Taking Action to Resolve Wills and Estates Problems

Assessment:
Wills and Estates Workbook 30%

Available: 3/10/14, 9am [Labour Weekend]
Deadline:15/10/14, 5pm

Learning Objectives: 9 and 10

All assessments are individual and are redeemable.

Assessment Related Requirements

Attendance and satisfactory participation in seminars is compulsory.

Assessment Detail

Unless otherwise stated, there is no prescribed word limit for assessments.

This is because the purpose of the GDLP is to transition you from academic study into professional employment. In a workplace it is highly unlikely you are going to be told a certain number of words or pages for the tasks you are asked to complete.

However, in the majority of assessments guidelines will be provided.

The quality of English expression is considered to be an integral part of the assessment process.

Marks may be deducted from assessment because of poor expression, incorrect grammar, typographical errors etc.

Presentation is to be single spaced and 2.5cm left margin.

Assessments will be returned to students within 3 weeks of the due date, unless otherwise notified by the GDLP Program Director through a Course Announcement.

The marked and scanned copy of assessments will be returned via email.

Submission

SUBMISSION
Students must retain a copy of all assignments submitted.

All failed assignments, per University policy, are double-marked before the result is released back to the student. The first and second markers then discuss what the final result will be.

If a student still fails after the double marking process, they have to revise and resubmit the assignment to a pass standard. The maximum mark a student can receive is 50%.

Late submission penalty
Any assignment submitted after the due date without an approved extension will receive a penalty of 5% for every 24 hours of lateness.

Approved extensions are through the GDLP Program Director.

Extensions on medical or compassionate grounds will be in accordance with University Policy.

Late assessments are to be submitted to gldpassessment@lawsocietysa.asn.au

If a student receives a mark between 50 to 55%, but subsequently fails due to late penalties then 50% is the maximum mark they will receive. BUT, in addition, the student will be asked to revise and resubmit a task from the assessment, at the discretion of the GDLP Program Director.

If a student receives a mark of 56% or above, but subsequently fails due to late penalties, then 50% is the maximum mark they can receive. There is not an opportunity to resubmit this assignment.

For example if a student gets 64% and has a late penalty of 20%, giving a result of 44%. This student would get 50% for the assessment and will not be able to resubmit this assignment.

RESUBMISSION
All the assessments for this course are redeemable. This means, if you fail the assessment due to the quality of the work (not because of late penalties) then you are able to revise and resubmit the assessment. You have 7 days from the time you are informed by email from the LSSA GDLP Office to resubmit your assessment.

The parts of the assessment you are to resubmit are the parts that you received less than 50% on. You only have ONE opportunity to revise and resubmit your assessment. An alternative task will be set for the non-redeemable assessment.

When your assessment is resubmitted it is marked according to the marking rubric. Your result, for example maybe 64% BUT the most you can receive for a revised and resubmitted assessment is 50%.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

GS8 (Coursework Grade Scheme)
Grade	Description
CN	Continuing
FNS	Fail No Submission
NFE	No Formal Examination
F	Fail
NGP	Non Graded Pass
P	Pass
C	Credit
D	Distinction
HD	High Distinction
RP	Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through Access Adelaide.

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

This section contains links to relevant assessment-related policies and guidelines - all university policies.

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator