Glossary

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Families, Property & Death - LAWS3394

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: 1.5

Enrolment Requirements:

Pre-requisites: Equity & Trusts (LAWS2385/JURD7285) and Land Law (LAWS2383/JURD7283) OR Property, Equity & Trusts 1 (LAWS2381/JURD7281) and Property, Equity & Trusts 2 (LAWS2382/JURD7282).

Excluded: JURD7394

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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