Module details for Law of Succession

Description

CommunicationProblem SolvingResearchSelf EvaluationPlanningProfessionalism

Aims

The aim of this Module is to provide the student with the fundamental knowledge, skills and practical understanding of the law of Succession and Trusts

Learning Outcomes

By the end of this module the student should be able to:

1.  Explain and apply the principles of the law of Succession in Scotland in relation to testate and intestate succession;

2.  Explain and apply the principles of law in relation to Trusts and understand the uses of trusts in succession, family situations and commercial transactions;

3.  Apply those skills by drafting wills and other documents; and

4.  Demonstrate skills of comprehension and the application of legal principle.

Indicative Content

1 Intestate Succession

Succession in moveables and heritage; prior rights; legal rights; collation; order of succession re spouses, children, cohabitants and civil partners.

2 Testate Succession

Capacity and diminished capacity; execution and amendment of wills; uncertainty; revocation; subsequent births; transfer of heritage; classification of legacies; accretion; election; residue, division per capita and per stirpes; destinations-over; the unworthy heir; missing persons; common calamity; public policy considerations; and forfeiture

3 Will Substitutes

Nominations; special destinations; liferent and fee; and survivorship.

4 Trusts

Constitution; public and private; charitable trusts; uncertainty; revocability; liferents; vesting; variation; termination of trust; law reform

5 Trustees

Appointment; assumption and resignation; administration; duties; powers; breach of trust and remedies; investment powers; liability to creditors; discharge; law reform

6 Drafting and Interpretation of Wills

Words of severance and conjunction; terms; public policy considerations; prohibitions of accumulations and successive liferents; conditional institution and substitution

7 Inheritance Tax

An overview of the structure and charging of inheritance tax.

8 Adults with Incapacity

Recognition of the issues relating to elderly and other adults who are incapable of managing their affairs; Adults with Incapacity (Scotland) Act 2000; continuing financial and welfare attorneys; financial and welfare guardianship; intervention orders; power to intromit with accounts; The Office of the Public Guardian in Scotland; human rights concerns; and law reform.

Teaching and Learning Work Loads