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

1. Download and read the Program Manual (PDF).
This document contains all the terms and conditions relating to your enrolment at The College of Law.

2. Decide on your program and initial subject/s

3. Enrol online

 

 

More information