Overview

This subject comprehensively covers the application of the family provision legislation, which now underlies all aspects of will drafting and estate administration. It covers issues of eligibility and the grounds for applying, as well as maintenance, education and advancement in life and the types of orders and evidence required.  It also deals with the drafting of the court application and issues involved in the mediation and settlement of proceedings.

 

Availability

IN STEP WITH STEP

The College of Law is an Accredited Education Partner of STEP, the worldwide professional association for practitioners dealing with family inheritance and succession planning. STEP has over 20,000 members across more than 80 countries from a broad range of professional backgrounds.


One subject in either the Wills & Estates major or Estate Planning major, gives you 30 Diploma Level credits towards STEP membership. If you wish to proceed to Full STEP Membership, with use of post-nominal TEP, you must have a minimum of two years’ relevant experience and successfully complete 120 Diploma Level credits, including the successful completion of any two subjects from the following list:

  • WEP1 Foundations of Wills & Estates Practice; 
  • WEP2 Law and Practice of Estates;
  • EPP1 Foundations of Estate Planning; 
  • EPP2 Superannuation. 

 

Outline

Topics in this subject include:

  • Moral claims – the relationship between family provision legislation, testamentary freedom and forced inheritance
  • History and role of family provision legislation
  • Eligibility to make an application
  • Commencement of proceedings
  • Maintenance, education and advancement in life
  • Interlocutory injunctions and interim orders
  • Types of orders
  • Evidence
  • Special and complex issues
  • Release of rights and compromise
  • Self-managed superannuation funds and family provision
  • Mediation and settlement of proceedings

 

How to enrol

If you are a new student 

Apply via our online application form that will take less than 15 minutes to complete. Simply press the Enrol button below. 

To make an application online, please note you will need the following documentation ready to upload:

  1. A copy of your Academic Transcript  
  2. A passport-sized current colour photo (does not need to be an official passport photo)
  3. If you are not an Australian citizen, evidence of your status  

You will also need to have the following at hand:

  1. CHESSN (Commonwealth Higher Education Student Support Number) if you have one  
  2. Your student number relating to your law degree / Diploma of Law / JD or equivalent.
  3. Your Tax File Number if paying via FEE-Help (student loan)

After completing the online application you will receive a confirmation email of your application – your enrolment is not complete at this stage.

We will email you once your application has been processed and your enrolment confirmed. This email will contain information about orientation, the onsite week and the learning portal.

 

Enrol

 

If you are a re-enrolling student 

Complete the re-enrolment process online in the Career Portal.

You will need your student number and password to login. 

 

Enrol

 
 

More information