The University of New South Wales

go to UNSW home page

Undergraduate Handbook

PRINT THIS PAGE
Families, Property & Death - LAWS2394
Quad

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 4
 
 
EFTSL: 0.08333 (more info)
 
 
Indicative Contact Hours per Week: 0
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1081, LAWS1082; or LAWS3010
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

The course considers a range of aspects of the impact of death on families and the passing of property. It focuses on general aspects of the law of succession and considers the way in which succession law reflects the society from which it comes, comparative treatment of inheritance law (civil systems, Islamic law, Talmudic law and Aboriginal customary law); the passing of property in the absence of a will, and a range of issues concerning the treatment of the body after death. The course does not include a detailed treatment of the law of wills.


Recommended Prior Knowledge

Students must have done the law of property, both Property 1 and Property 2.

Course Objectives

The aim of the course is to develop an understanding of the power and importance of legal systems in their impact on individuals and families, and to understand the basic mechanisms of property transfer on death. The course does not equip the student to draft wills; for that it is essential to study Succession.

Main Topics

  • The way in which the law of succession reflects the society from which it comes, with particular reference to the position of women
  • Comparative Succession Law – an exploration of a civil law system, Islamic law, Talmudic law and some others.
  • Inheritance in the absence of a will
  • Dealing with the body after death – legal and social issues

Assessment

Class participation - 20% (including reflective diary)
Essay, 3000 words - 80%

Course Texts

Prescribed

  • Atherton and Vines, Succession: families, property and death (2nd ed), Lexis Nexis , 2003.
  • Succession Act 2006 (NSW)
  • Wills Probate and Administration Act 1898 (NSW)

Recommended
Refer to Course Outline provided by lecturer.

Resources

Refer to Course Outline provided by lecturer.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.