Wills and Estates Practice

Wills and Estates Practice

WHAT IS Wills and estates practice?

Will drafting and administration of deceased estates are seen by some lawyers as unexciting, but they are important areas of legal practice. 

Most lawyers will be involved with wills and estates in some capacity, whether as:

  • a testator in making their own will
  • an executor in administering an estate
  • a beneficiary under a will
  • a lawyer acting for a client who wants to make a will, or
  • a lawyer acting for a client who is the executor or administrator of a deceased estate.

UNIT PURPOSE

You will complete two tasks in this subject based on real-life case studies that an entry level lawyer is likely to face in practice. Each task has associated activities.

LEARNING OBJECTIVES

At the end of this subject you will be able to demonstrate the competence required of an entry level lawyer in the following elements of wills and estates practice:

  • taking instructions, drafting and advising on wills
  • obtaining grants of probate and letters of administration, and
  • administering deceased estates.

Tasks and Activities

You will complete practical tasks such as:

  • advising a client on making a will
  • drafting a will, and
  • administering estates.


To assist your learning, you have online resources such as readings and interactive case studies. You also have a hard copy of The College of Law practice papers, which are also available online and in eBook format.

The course calendar sets out the milestones for you to meet, and guides you through the subject. However, other than meeting dates for submission of work and assessments, you can progress through the learning resources and tasks at your own pace, when and where it suits you.

Your lecturer is your mentor and will give you individual guidance. Your lecturer will also give you feedback, and coach you to achieve the required level of competence.

ASSESSMENT

To be eligible for assessment you must complete each task to a competent standard as determined by your lecturer.

The final assessment in the subject will be an oral assessment that will include:

  • presenting Task 2 to your assessor
  • reflection on your learning in the subject
  • review of the tasks you have submitted, and
  • questions arising from the learning materials.


Your performance in the oral assessment will be graded.