Almost every private practice drafts wills. However in recent years this area of practice is taking on a previously unknown complexity and is fast becoming a recognised specialist area of practice. This is due to an aging population with more complex family and property arrangements.

Even if you are not in private practice, you will find that friends and relatives ask you about their wills. For that reason will drafting is a primary focus in the course. Although not every practice applies for grants of representation or administers estates, every practitioner needs enough background knowledge of estate administration and estate planning issues to identify where a client needs further advice.

There are considerable variations on central themes in legislation and procedures in the different Australian jurisdictions. As well as jurisdiction specific knowledge practitioners need a grasp of the central themes and the ability to work out the local jurisdiction's variations, particularly by using the legislation. This course addresses these needs.

Students acquire skills to enable them to draft wills and deal with deceased estates. At the conclusion of this course students should be able to:

• interview a client and take instructions for preparation of a Will
• draft a simple Will and have an understanding of the requirements for more complex Wills
• demonstrate knowledge of the forms and procedures for making an application for grants of probate and letters of administration
• demonstrate an ability to administer and distribute estates both testate and intestate
• discuss and explain estate planning issues including Superannuation and Capital Gains Tax
• discuss and advise a client on Family Provision legislation.

The Assessment in this course follows a matter from:

• preparation for taking instructions from a client for drafting a Will, to
• interviewing the client to take instructions and give advice, to
• preparing a Will Plan, to
• drafting a  Will, to
• the Administration of the estate after the client's death.

There are no set contact hours. Students should expect to spend about 10 - 15 hours per week in reading and course related tasks to complete the course. 

The course is designed for law graduates intending to proceed into legal practice.

It is not assumed that students have knowledge of law in any substantive areas. Many areas of law touch upon this subject, Property Law, Family Law, Trusts and of course Succession Law to name but a few. While knowledge in these areas is an advantage it is NOT a requirement. Every attempt is made to explain concepts from substantive areas of Law.

It is assumed that students will have a knowledge of interview and drafting techniques from undertaking Becoming a Practitioner. These skills will be exercised and developed in this course.

Students enrolled in the Graduate Diploma of Legal Practice must complete the Becoming a Practitioner course before beginning this course.

There are no incompatible courses.

None

Course Content Book

This course makes extensive use of online technology for accessing resources, activities and assessment.  It is in your best interests to ensure you have a secure computer, preferably at home, where you can access all on-line information without restriction or difficulty.

If you intend using IT supplied by your employer, please be aware that you are likely to experience difficulties accessing key on-line resources due to firewall and security restrictions.

The computer you intend to use should meet the following minimum specifications.

Hardware

• CD ROM/ DVD Player
• Sound Card and speakers
• Video Card
• Modem
• Broadband (dial-up access is not recommended) access to an Internet Service Provider (ISP)
• Printer

Software

• Firefox is the recommended web browser
• Adobe Acrobat Reader (Free download)
• Real Player (Free download)
• Microsoft Word

WATTLE relies heavily on the use of "pop ups". You will need to disable "pop up blockers" for WATTLE on your internet browser and or Firewall/Anti virus software and toolbars.

When Offered and Delivery Mode:  This online 8 week course is offered twice a year in the 1^st and 3^rd teaching periods.

Classificatin in Graduate Studies Select:  Specialist. In addition an elective in the GDLP program, can be used as part of the articulation into the LLM and LLM (in practice) programs.