Wills and Estate Planning

This subject provides an introduction to the law and practice of wills for students, whether or not they have studied succession law at law school. It identifies and analyses the nature of succession law and practice, as well as the relevant legal materials. It covers the legislative and case law requirements governing the validity of wills, as well as taking the testator's instructions and assessing testamentary capacity. There is also an introduction to the skill of drafting valid wills and the method of execution.

This subject covers the procedures and principles involved in the administration of estates. It identifies and enables students to apply the legislative provisions relating to testate and intestate estates. It covers the procedural steps for obtaining uncontested grants of probate and letters of administration, including taking client instructions and providing appropriate advice to the client. Students draft applications for grants of probate and letters of administration, as well as administer assets and wind up the estate.

On satisfactory completion of this subject you will understand fundamental theories and practices involved in administration of estates practice, and have an understanding of how to apply this knowledge in professional practice. You will be able to use and explain this knowledge to specialist and non-specialist audiences. Using practice-based analytical and critical thinking skills, you will be able to apply this knowledge to problem-solving and decision-making in practice.

This subject is designed to enable you to identify, analyse and apply the principles and rules relating to the construction of wills, especially as they relate to potentially contested estates. It enables you to construe and advise clients on complex issues arising from wills, as well as to further enhance your skills in drafting more challenging wills provisions.

On satisfactory completion of this subject, you will understand fundamental theories and practices relating to the construction of wills, and have an understanding of how to apply this knowledge in professional practice. You will be able to use and explain this knowledge to specialist and non-specialist audiences. Using practice-based analytical and critical thinking skills, you will be able to apply this knowledge to problem-solving and decision-making in practice.

This subject deals with the Family Provision legislation which is by far the most common litigation concerning deceased estates. This subject is relevant to estate planning and estate administration, where the risk of a claim needs to be considered, as well as to litigation itself.

Advice, commencement and defence of proceedings, procedure, mediation and evidence will be considered.

This subject enables students to understand and apply the principles in relation to a range of issues which arise in contested and special grants. It covers the procedures and evidence required for a grant in solemn form, interim and limited grants, revocation of grants, informal and lost wills and assessment of testamentary capacity. It also deals with costs and estate accounts and commission.

This subject focuses on a series of advanced issues in wills and estates practice and administration, which are less often encountered in practice. It also provides students with the opportunity to provide client advice on these issues.

Elder law is a unique area of practice and is growing in significance with the ageing of Australia's population. It encompasses a wide range of legal issues which are relevant to an older person from accommodation to social security.

This subject introduces students to the legal issues which may arise when advising older people and their carers. It also enables students to develop their skills in researching the benefits available to support the elderly.

The Capstone Project is taken as your final subject, as a culmination of the knowledge and skills attained throughout your major. It will allow you to demonstrate your skills in a specialist practice area using real-life scenarios and case studies.

Throughout the intake, you will receive individualised feedback from your lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing your legal skills.

The highlight of the Capstone Project is the final task, where you will prepare a Final Portfolio that demonstrates your legal writing, research, and oral skills.

The subject has four components:

• Four short answer questions
• Two legal writing samples
• Oral communication (e.g. client interview) assessment held through online conferencing
• Reflective analysis of oral communication

While lawyers are not financial planners, understanding the financial issues is critical to estate planning. This subject covers a range of financial planning matters which fall within the ambit of a solicitor, from business structures to insurance matters. Students learn how to apply these financial concepts to the drafting of a client advice and an estate plan.

This subject will cover preparing an estate management plan, setting up structures to protect the estate, taxation of estates, protecting the estate from claims, superannuation, insurance, asset transfer to companies, trustees and other entities and challenges to estate planning strategies.

This subject will provide an introduction to estate planning and some of the estate planning tools and strategies that are available. It will take you through the basics of how to prepare an estate plan. It covers the legislation and case law governing the use of discretionary trusts, superannuation and insurance as estate planning and asset protection tools.

This subject aims to give students a broad and practical understanding of the important aspects of Australian superannuation law, with a particular focus on legal advice and transactions involving self-managed superannuation funds (SMSFs). You will be introduced to the various types of superannuation funds, including retail, industry, public sector and small APRA funds.

When establishing a business, proper structuring from the outset is key from a commercial, taxation and estate and succession planning perspective. This subject covers a range of structuring issues which lawyers should have regard to when advising on the implementation of an Australian business structure, lifetime restructure as well as succession planning on retirement, death or disability. The subject focuses on these issues as they relate to Australian family businesses and Australian small and medium-sized enterprises.

This subject will cover the different types of structures commonly used in Australia (including trusts and companies), issues relating to family farming businesses, transition of wealth during one’s lifetime, buy/sell insurance mechanisms in agreements and estate planning and transition of control on death or incapacity. The subject also touches on taxation and asset protection relevant to business structuring and succession planning.

Whilst EPP3 Business Succession Planning is a subject within the Estate Planning major, it is also relevant for lawyers practising in other areas including corporate and commercial law, wills and estates, property and family law. It will equip students with the necessary understanding to advise on and implement an effective succession plan for family business owners in Australia.

A trust is a fiduciary relationship or arrangement created by an individual or organisation to gift funds or assets to others via a third-party trustee that will maintain the trust assets for the benefit of the beneficiaries. An inter vivos trust, or “living trust”, operates during the grantor’s lifetime and is governed by a trust deed. Testamentary trusts are formed after the death of the grantor and are governed by the provisions of their will.

This subject is intended to give you a high-level understanding of some basic tax and associated issues that you may encounter as an estate practitioner. It will focus on income tax (including tax on capital gains).

While estate practitioners often outsource tax work to specialist tax practitioners, it is important that you can identify obvious tax traps, so that you avoid falling into them.

This practice-based LLM subject advances on students’ knowledge towards specialised and integrated understandings about applied taxation strategies.

The Capstone Project is taken as your final subject, as a culmination of the knowledge and skills attained throughout your major. It will allow you to demonstrate your skills in a specialist practice area using real-life scenarios and case studies.

Throughout the intake, you will receive individualised feedback from your lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing your legal skills.

The highlight of the Capstone Project is the final task, where you will prepare a Final Portfolio that demonstrates your legal writing, research, and oral skills.

The subject has four components:

• Four short answer questions
• Two legal writing samples
• Oral communication (e.g. client interview) assessment held through online conferencing
• Reflective analysis of oral communication

The fee per subject in 2021 is $3,450 (no GST applies). However, our fees are reviewed annually and may vary during your enrolment.