Law

Law of Succession (Spr)

Module code: M3020
Level 6
15 credits in spring semester
Teaching method: Workshop, Lecture, Seminar
Assessment modes: Essay, Coursework

On this module, you’ll explore the devolution of assets on death. These often represent the culmination of a person’s collection of good in a lifetime of work and saving.

You’ll consider both the law of intestacy (where property devolves by rules of law because there is no will) and the law of wills. You’ll look at:

• the modes of transferring inherited wealth and property on death in a social context
• the idea of freedom of testation (which is particularly strong in this jurisdiction) and in the social context in which that principle operates
• the consequences that freedom of testation may have for poverty and the impact that that may have on the State’s obligation to alleviate poverty
• the adequacy of current legislation to provide for the meeting of support obligations to family and dependants in this light.

This module will cover not only wills and intestacy, but also probate and the administration of estates. In this regard the outline ideas rather than the technical details will be relevant.

Module learning outcomes

• Understand and offer critical reflections of the rules of intestacy and the administration of the estate of a person who dies without a will.
• Understand and offer critical reflections on the legal rules for making a will, and for the administration of a testator's estate.
• Critically analyse the adequacy of the rules of succession in their social, political and ideological context.
• Carry out independent study and research using a range of legal and social science materials.