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77980 Estate Planning and Trusts

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

There are course requisites for this subject. See access conditions.

Description

This subject gives an introduction to the law of wills and estates and explores the efficient utilisation of same to achieve beneficial estate planning. Presently, succession law in Australia varies on a state by state basis – this poses additional challenges for those working with all but the simplest testamentary dispositions.

Subject learning objectives (SLOs)

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • Ethics and Professional Responsibility
    An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)

Assessment

Assessment task 1: Research Assignment 1

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.0 and 3.0

Weight: 30%
Length: 1,500 words max
Criteria:

Required to be original individual work.

  • Please complete a separate header sheet for each question.
  • Please ensure all sources and quotations are appropriately referenced.
  • Students should clearly identify each question at the beginning of their answer, and should commence each question on a new page
  • Students are expected to research the topics covered by each question and read beyond the text. Some extension materials are provided on UTS Online to assist student research.

Assessment task 2: Research Assignment 2

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.0, 2.0 and 3.0

Weight: 30%
Length: 1,500 words limit
Criteria:

Required to be original individual work.

  • Students should read the case study scenario to be provided by your lecturers. The circumstances of the client's family are set out in that case study
  • Students are to prepare an Estate Planning advice for the client's as required in the case study.
  • The case study sets out the facts relating to each of the family members, and lists a number of concerns that each may have. Students are expected to discuss those concerns in their assignment and indicate what advice they would give the clients relating to those concerns.

Assessment task 3: Faculty based Exam

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.0 and 3.0

Weight: 40%
Length: 2 hours
Criteria:

Required to be original individual work and to demonstrate achievement of the Course Objectives as set out above.

Required texts

Estate Planning (4th edition) Perkins M & Monahan R, Lexis Nexis

Additional study support material will be put on UTSOnline.

Lecture Slides to assist in note taking are also provided on UTSOnline

Other resources

A wide range of materials are included in the online site UTSOnline. There are also e-versions of texts and site such as www.austlii.edu.au that are very useful. More Links to useful web sites is found in the subject on UTSOnline.