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In the first instance, students are to contact the GDLP Coordinator, Michelle Elliott at michelle.elliott@lawsocietysa.asn.au.

The GDLP Coordinator will then contact the appropriate Course Supervisor if further clarification of the student query is needed.

Course Supervisor: Mark Jordan

Course Coordinator (UA Law School): David Brown

LECTURES
There are 10 hours of lectures: the lectures are pre-recorded and available online.
There are NO face to face lectures.

SEMINARS
There are 8 hours of seminars divided into the following blocks of time:
All seminars are compulsory.
Students enrol in ONE seminar group ONLY.

Topic 1: Drafting Wills 2 hours
Topic 2: Administering Deceased Estates 2 hours
Topic 3: Taking Action to Resolve Wills and Estates Problems 4 hours

OTHER
In additional to lectures and seminars there are 6 hours of additional readings, resources and online activities to be completed.

By the end of this course you should be able to competently:

1. Drafting wills

• advised the client of issues, options, and potential problems that might arise in respect of the client’s testamentary intentions;
• obtained instructions reflecting the client’s informed and independent wishes, which can be effectively implemented;
• drafted a will reflecting the client’s instructions;
• identified any issues of testamentary capacity and resolved them in accordance with law and good practice;
• ensured that the client executed the will in accordance with law;
• given any necessary follow up advice to the client.

2. Administering deceased estates

• obtained a grant of probate or letters of administration where required;
• identified the debts and assets of the estate;
• gathered in the estate or transferred or transmitted assets directly to beneficiaries, as appropriate, having regard to the law, good practice, and the circumstances;
• discharged the estate’s debts, distributed specific gifts and the residue and ensured that the executors have been released of their obligations in a timely fashion.

3. Taking action to resolve wills and estates problems

• identified the nature of the problem properly, having regard to the law of the jurisdiction;
• identified the client’s options for dealing with the problem, having regard to the law of the particular jurisdiction and the client’s circumstances;
• explained the options to the client in a way a reasonable client could understand;
• taken action to resolve the problem in accordance with the client’s instructions.

Seminar resources and readings are available on MyUni ONLY. Please NOTE there will be no hardy copy of resources printed. Students must bring electronic devices to seminars to access seminar materials. Supplementary online quizzes and activities to enchance students learning are available on MyUni. 

Drafting Wills (Topic 1)

Publications

• Goldberg, John, Identifying Entities and Assets, Law Society of South Australia, 2012.
• Goldberg, John, Where Assets are Located and the Effect of Death on those Assets, Law Society of South Australia, 2012.
• Aiello, Gaetano, Issues to Consider When Drafting Wills, Law Society of South Australia, 2012.
• Aiello, Gaetano, A Practical Guide to Drafting Wills, Law Society of South Australia, 2007.
• McEwin, Pam, Outline of a Will, Law Society of South Australia, 1999.
• Parkinson, Connie, Sample Will: Henry John Dashwood, Carpenter & Associates, 2013.

Texts

• Rowland, Charles, Appendix A: Most Used Forms in Hutley’s Australian Wills Precedents - 7th Edition, LexisNexis, 2009 Appendix A and Forms 26.03, 26.04, 26.05 and 27.04

Legislation

• Trustee Act 1936, (Appointment of new trustees; Power of trustee to delegate etc; Purchase and sale; Miscellaneous powers and Liabilities)
• Wills Act 1936
• Australian Solicitors’ Conduct Rules
  
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Administering Deceased Estates (Topic 2)

Law Society Publications

• Cooper, Jill, McLeod, Greg, Drafting Probate Applications, Law Society of South Australia, 1999.
• Cooper, Jill, McLeod, Precedent documents: Draft Probate; Executor’s Oath, Affidavit of Assets and Liabilities; Registrar’s Certificate, Law Society of South Australia, 2012.
• Cronshaw, John, Probate Checklist and Overview of Estate Administration, Law Society of South Australia, 2011.
• Sedsman, Joan, Intestacy, Law Society of South Australia, 2013.
• Anonymous, Glossary of Terms, Law Society of South Australia, 2013.
• Anonymous, Probate, Letters of Administration and Estate Administration Checklist, Law Society of South Australia, 2013.

Legislation

• Administration and Probate Act 1919, Part 3A (Distribution on Intestacy)
  
• The Probate Rules 2004
• Supreme Court Probate Forms

Taking Action to Resolve Wills and Estates Problems (Topic 3)

Law Society Publications

• Frost, Ray, Claims under the Inheritance (Family Provision) Act, Law Society of South Australia, 2011.
• Anonymous, Inheritance Questionnaire, Law Society of South Australia, 2013.
• Carpenter, Brian, Overview of Litigious Matters, Law Society of South Australia, 2013.
• Roder, Steve, Construction of Wills, Law Society of South Australia, 2011.
• Roder, Steve, Solemn Form Wills Proceedings, Law Society of South Australia, 2011.

Legislation

• Domestic Partners Property Act 1996
• Family Relationships Act 1975
• Inheritance (Family Provision) Act 1972
• Supreme Court Civil Rules 2006, R205-206 & R312

Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:
 
 
 

Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.

All course materials are provided on MyUni. This includes readings, seminar materials, assessment information and instructions, and audio recordings of lectures. Students are required to check MyUni regularly (at least weekly) to keep up to date.

The course will be taught through online lectures supported by face to face interactive problem-solving seminars and practical exercises developing primary material.
 
Students MUST come prepared for seminars, namely having undertaken prior readings and developed draft responses to the seminar questions. If students have not prepared and / or arrive more than 10 minutes late they may be asked to leave the seminar group. 

A reminder that students MUST bring along electronic devices to the seminar so they can access the seminar materials electronically. 

Attendance is necessary to ensure that students are part of the interactive and reflective learning environment (which enhances learning outcomes) and provides students with the ability to develop their skills of oral presentation, teamwork and persuasion (valuable to the professional environment). Students are expected to behave in an ethical and professional manner as would be expected in the workplace environment (compliant with the professional conduct rules and standards). 

Students, who due to disability, compelling medical or compassionate reasons, or in exceptional circumstance, are unable to attend the required seminars, may complete alterative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar misses and will be negotiated with the GDLP Coordinator. Students MUST inform the GDLP Coordinator at the earliest opportunity of their absence and where they require this make-up work option.

In addition to the lectures and seminars (see course timetable) we recommend that you spend 8 hours per week in private study which includes reading the materials, preparing for lectures and seminars and undertaking the assessment tasks.

Topic 1: Drafting Wills

Lecture 1a: 1 hour
Taking Instructions for a Will

Lecture 1b: 1 hour
Drafting Wills

Seminar 1: 2 hours
Drafting Wills - The Interview 

Assessment: Will Drafting Short Answer Questions

Assessment: Letter of Advice to Client

Topic 2: Administering Deceased Estates

Lecture 2a: 2 hours
Administering Deceased Estates

Lecture 2b: 1 hour
Identifying Entities and the Effect of Death on those Entities

Lecture 2c: 1 hour
Intestacy

Seminar 2: 2 hours
Obtaining Probate

Assessment: Administering Estates Scenariois

Topic 3: Taking Action to Resolve Wills and Estates Problems

Lecture 3a: 2 hours
Courts Proceedings to Prove a Will

Lecture 3b: 1 hour
Inhertiance (Family Provision) Act Claims

Lecture 3c: 1 hour
Wills and Estates Tax Issues

Seminar 3a: 2 hours
Taking Action to Resolve Wills and Estates Problems - Part 1

Seminar 3b: 2 hours
Taking Action to Resolve Wills and Estates Problems - Part 2

Assessment: Wills and Estates Workbook

The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 and Law Admissions Consultative Committee 2015 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards. Consequently, the compulsory attendance and active participation in seminars is required in addition to assessment tasks.

Assessments will be made available to students, prior to the nominated deadline.

Note: Competence must be demonstrated in all assessment tasks and activities.

Assessment deadlines are as follows, unless otherwise advised:

Topic 1: Drafting Wills

Assessment:
Will Drafting Short Answer Questions
Learning outcomes 1-3

Deadline: 21/4/15, 5pm

Assessment:
Letter of Advice to Client
Learning outcomes 1-3

Deadline: 24/4/15, 5pm

Topic 2: Administering Deceased Estates

Assessment:
Administering Estates Scenarios
Learning outcomes 1-3

Deadline: 28/4/15, 5pm

Topic 3: Taking Action to Resolve Wills and Estates Problems

Assessment:
Wills and Estates Workbook

Learning outcomes 1-3

Detailed information regarding the specific details of assessment which are required to be completed satisfactorily will be provided on MyUni. 

In this course, students will also be assessed on the following:

• Attendance (95% rule applies)
• Punctuality
• Workload management and ability to adhere to deadlines
• Display active engagement in practical activities
• Demonstrate respectful behaviour towards others
• Maintaining a high level of confidentiality at all times
• Satisfactory completion of prescribed exercises

Unless otherwise stated, there will be no prescribed word limit for assessments.

This is because the purpose of the GDLP programme is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies. In a legal practice it is highly unlikely you will be set a certain number of words or pages for the tasks you are asked to complete.

However, in the majority of assessments guidelines will be provided.

The quality of English expression is considered to be an integral part of the assessment process.
Assessment competence will take into consideration: expression, structure, correct grammar, typography, etc.

Presentation is to be single spaced and 2.5cm left margin.

Assessments will be returned to students within 3 weeks of the due date, unless otherwise notified by the GDLP Program Coordinator through a Course Announcement.

Students must retain a copy of all assessments submitted.

Students are to submit assessments online within MyUni.

Please note: where forms or documents have been outlined in assessment activities for completion these should be downloaded from original sources and completed in an electronic format, if not supplied.

Students will be marked in accordance with the marking rubric.

Resubmission

Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent (fail). All non-competent (failed) assessments, per University policy, are double-marked before the results are released back to the student. The first and second markers discuss what the final result will be.

If the assessment is deemed non-competent (fail) after the double-marking process, students may be offered the opportunity to revise and resubmit the assessment. Students granted a resubmission will have 7 days from the time they are informed by email from the LSSA GDLP Office to resubmit the assessment. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission.

Extensions

Students MUST apply for an extension prior to the deadline to the GDLP Coordinator.
Extensions on medical and compassionate grounds will be in accordance with University policy.

Late Submission

NOTE: in this course, students are assessed against a professional workplace standard; namely

• Punctuality
• Workload management and ability to adhere to deadlines

Grades for your performance in this course will be awarded in accordance with the following scheme: 
 
 

Result	Grade reflects following criteria for allocation of grade:	Reported on Official Transcript
Fail No Submission	No work submitted for assessment	FNS
Fail	Competency not demonstrated	F
Non-Graded Pass	Competency demonstrated	NGP
Result Pending	An interim result	RP
Continuing	Continuing	CN
No Formal Examination	No formal examination	NFE

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.