Module Catalogue 2022/23

LAW3031 : Succession

  • Offered for Year: 2022/23
  • Module Leader(s): Dr Derek Whayman
  • Owning School: Newcastle Law School
  • Teaching Location: Newcastle City Campus
Semesters
Semester 1 Credit Value: 20
ECTS Credits: 10.0
Pre Requisites
Pre Requisite Comment

One of the following LAW1221, LAW2222, LAW2263 OR LAW2261

Co Requisites
Co Requisite Comment

n/a

Aims

To equip students with a sound grounding in and critical appreciation of the law and aspects of practice of the Law of Succession.

Succession involves a detailed examination of the legal mechanisms for the transmission of property on death. The module also seeks to set the development of the law in its context and, in addition, offers practical insights into this important area of law.

Outline Of Syllabus

The syllabus includes the Law of Wills, the Law of Intestacy (this is the law governing the devolution of property where there is no will) and Inheritance Provision. The latter topic involves consideration of circumstances in which a person who does not inherit by will or on intestacy can claim against a deceased's estate to gain some benefit from the deceased.

Learning Outcomes

Intended Knowledge Outcomes

(1) Students will have outline knowledge of inter-vivos succession, living wills and enduring powers of attorney.
(2) Students will have a detailed appreciation of:
(a) the law of making and revoking Wills, together with the construction and good drafting practice of Wills;
(b) the law of Intestacy and Family Provision and
(c) the administration of estates with special emphasis on the payment of debts and legacies.

Intended Skill Outcomes

The ability to

(1) Structure argument and analysis;.
(2) Solve problems by identifying relevant issues, applying relevant concepts, principles and rules, identifying material evidence needed, making judgements and reaching supported conclusions on the basis of sound and informed reasoning;
(3) Identify research issues and engage in accurate retrieval of sources and
(4) Communicate orally and in writing with care and precision.

Cognitive Skills
(1) The ability to analyse, synthesise, engage in critical judgement and evaluate.

Teaching Methods

Teaching Activities
Category Activity Number Length Student Hours Comment
Structured Guided LearningLecture materials221:0022:00N/A
Guided Independent StudyAssessment preparation and completion160:0060:00N/A
Structured Guided LearningAcademic skills activities50:302:30MCQs as to (i) basic learning outcomes and (ii) ‘gotchas’; the latter feeding into further study
Scheduled Learning And Teaching ActivitiesSmall group teaching51:005:00N/A
Scheduled Learning And Teaching ActivitiesWorkshops31:003:00N/A
Scheduled Learning And Teaching ActivitiesDrop-in/surgery31:003:00N/A
Guided Independent StudyIndependent study1104:30104:30N/A
Total200:00
Teaching Rationale And Relationship

The lectures augment learning from the textbook and articles. The lectures are required in order to provide a coherent and structured introductory exposition of very technical law (knowledge outcomes noted above). The new, enhanced seminar/small-group system encourages the development of the skills outcomes noted above. That is:

The students will read the texts and attend the lectures. They will then attend a student-led discussion. This is the whole cohort (between 20 and 40), divided into small groups concentrating on directed questions and reading. Each ‘student reporter’ will summarise their group’s finding in the plenary. The module leader will respond, directing what to study further in order to write a better seminar answer.

The students will then attempt the seminar problems, making use of the drop-in surgery or discussion board as necessary. In the seminar, the seminar leader will help the students bridge the gap between these matters and writing a complete answer to a problem or essay. Students should then reflect on that gap.

I.e. this is a reflective learning cycle.

Reading Lists

Assessment Methods

The format of resits will be determined by the Board of Examiners

Exams
Description Length Semester When Set Percentage Comment
Written Examination1351A75A problem-focused black letter law module requires assessment by examination.
Other Assessment
Description Semester When Set Percentage Comment
Essay1M252000 words
Assessment Rationale And Relationship

Examination provides an opportunity to demonstrate understanding and skills. In particular, the medium is particularly suitable for problem solving and, further, it allows candidates to demonstrate intended learning outcomes across a broad range of topics within the syllabus.

The assessed essay provides an opportunity to demonstrate research, writing and the analytical, synthetical, critical and evaluation skills. The examination provides the opportunity to demonstrate problem solving skills and achievement of the knowledge-based outcomes across the syllabus.

As noted in the assessment framework, the use of a low-stakes summative assessment can be more beneficial than a formative assessment, hence the arrangement. The students are incentivised to complete it because it carries weight through to the finals, but not so much weight that it can be highly damaging if things go wrong.


Alternative assessment for exam: if the exam cannot take place due to public health circumstances, it will be replaced with a 24 hour take home exam.

Timetable

Past Exam Papers

General Notes

N/A

Disclaimer: The information contained within the Module Catalogue relates to the 2022/23 academic year. In accordance with University Terms and Conditions, the University makes all reasonable efforts to deliver the modules as described. Modules may be amended on an annual basis to take account of changing staff expertise, developments in the discipline, the requirements of external bodies and partners, and student feedback. Module information for the 2023/24 entry will be published here in early-April 2023. Queries about information in the Module Catalogue should in the first instance be addressed to your School Office.