Module: LAW5002-20 Settlements, Succession & Fair Play with Drafting

Level: 5

Credit Value: 20

Module Tutor: Steve Goulton

Module Tutor Contact Details: s.goulton@bathspa.ac.uk

1.Brief description and aims of module:

This module explores concepts which are probably the most unfamiliar to students (and possibly their parents, friends and the like) from across the whole law programme.  The concepts are also very ‘legal’ in that they deal with abstract and yet fundamental concepts which are often the exclusive preserve of lawyers and the courts.  Further, they are also some of the most legally powerful and, in respect of settlements and succession, regularly deal with high-value and contentious and emotional matters.

This module covers three highly-interrelated topics – the concept of equity; trusts and related matters; and succession.  It will be of obvious value to anyone wishing to work within these fields, but also to all students who will, one day, need to consider such matters as they relate to property ownership and planning for succession.

In this module, you will be able to demonstrate the following graduate attributes:

• Will be able to understand and manage complexity, diversity and change;

• Will be digitally literate:  Able to work at the interface of creativity and technology;

• Will be creative thinkers, doers and makers;

• Will be critical thinkers:  Able to express their ideas in written and oral form, and possessing information literacy.

2.Outline syllabus:

Topics covered might include:

• An introduction to equity and its principles;

• Trusts – Express, implied; variation; administration (inc. trustees’ duties); trusts as they relate to homes; other uses of trusts (e.g.  corporate; charitable); remedies (equitable claims; injunctions); regulation;

• Succession – Wills (formalities, capacity, intention, alteration and revocation, construction), intestacy, gifts, family provisions, administration of estates (grants of representation, probate, claims under the Inheritance (Provision for Family and Dependents) Act 1975, introduction to inheritance tax (‘IHT’).

3.Teaching and learning activities:

You will be taught by way of 1x 1-hour lecture and 1x 2-hour seminar each week.  Lectures will introduce and explore substantive subjects as specified above.  Seminars will include a variety of activities including class discussion, scenario analyses, role-play, written and research exercises and other formative activities.

Assessment Item 1:

• Assessment Type: CW

• Description: Drafting exercise (2,500 words)

• % Weighting: 50%

Assessment Item 2:

• Assessment Type: CW

• Description: Essay (2,500 words)

• % Weighting: 50%