You can’t take it with you – all that you own goes somewhere when you die. How does property pass on death? Should you be able to leave your property to whoever you want? And what happens if you die without specifying your intentions for your property?
The law of succession answers these questions. Succession is a core area of legal and socio-economic practice enabling, and sometimes mandating, the transfer of wealth from one generation to another. Common law jurisdictions, such as England, Australia and America, are often described as upholding the principle of ‘freedom of testation’ through the legal institution of ‘the will’. You will learn how to create a valid will, the process for administering an estate, and how property is distributed in the absence of a valid will (called ‘intestacy’). While freedom of testation is often uncritically accepted as the bedrock of passing property on death, you will critically evaluate the centrality of freedom of testation through a consideration of the claims of family members on the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 and engage in comparative analysis of jurisdictions that do not emphasise freedom of testation
Consider taking LAWS6890 The Law of Succession: Estate Planning and Wealth Inequality in Stage 3 which builds on the themes and questions in this module.
Lecture 16 hours , Seminar 16 hours, Independent Study 118 hours, Assessment Preparation 50 hours
30 minutes Test. Assessment Details: Multiple choice questions worth 20%.
2,500 words Extended writing. Assessment Details: Essay worth 80%. This Assessment is Pass Compulsory.
Reassessment Method: Like-for-like
See module details on moodle.
On successfully completing the module, students will be able to:
1) Identify and apply the law of succession, particularly the administration of estates, the law of wills and intestacy;
2) Compare different succession practices and policies across international jurisdictions;
3) Explain and critically evaluate the theoretical underpinnings of and competing policy positions in the law of succession;
4) Use relevant scholarly legal and extra-legal materials to develop answers to questions on legal and policy issues in succession law.
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