Modules

Core Module Information
Module title: Law of Succession and Trusts
SCQF level: 09:
SCQF credit value: 20.00
ECTS credit value: 10
Module code: LAW09123
Module leader: Leslie Dodd
School The Business School
Subject area group: Law
Prerequisites

There are no pre-requisites for this module to be added
Description of module content:

In this module, you will study the Scots law of Trusts and Succession. These are some of the most common areas of legal practice and they are of enormous practical importance. The law of succession governs the disposition of a deceased person's property while the law of trusts governs the handling of property entrusted to someone for the benefit of a third party.For the law of succession you will study core legal topics, including the legal capacity of persons to make a will and act as a trustee or executor; the law of intestate succession (meaning, succession where the deceased has left no will); the law of testate succession (meaning, succession where the deceased has left a will); the legal rights available to the spouse, civil partner, and children of a deceased person; prior available to the spouse of a deceased person in intestacy; and the nature and function of executries in Scots law. You will also consider the role of a succession lawyer within their community and in dealing with vulnerable persons.For the law of trusts, you will learn about the nature and classification of trusts; how they are created, managed and terminated; the issues arising for trusts in international private law; investment of trust property and the ethical issues arising from it; and the role of the legal profession in safeguarding property that has been put into a trust. By the end of the module, you will have attained an appropriate understanding of this key area of private legal practice.
Learning Outcomes for module:

Upon completion of this module you will be able to

LO1: Analyse the law of succession and trusts.

LO2: Critically reflect on the role of the legal profession and others in relation to succession and trusts.

LO3: Undertake independent research and manage a volume of legal sources and select key material to construct a written answer to a problem.

LO4: Present information in numerical form relating to testate and intestate succession.

LO5: Make critical judgements on the relative and absolute merits of particular arguments and solutions.

LO6: Critically reflect on the social and economic context of the law of succession and trusts.
Full Details of Teaching and Assessment
2024/5, Trimester 1, In Person, Edinburgh Napier University
VIEW FULL DETAILS
Occurrence: 001
Primary mode of delivery: In Person
Location of delivery: CRAIGLOCKHAR
Partner: Edinburgh Napier University
Member of staff responsible for delivering module: Leslie Dodd
Module Organiser:


Student Activity (Notional Equivalent Study Hours (NESH))
Mode of activityLearning & Teaching ActivityNESH (Study Hours)NESH Description
Face To Face Lecture 24 You will attend a series of lectures where key principles and concepts of the law of trusts and succession will be explained. Through these lectures, you will gain a solid understanding of how the law functions in these areas and you will gain knowledge of issues and problems with the current legal regime and possible areas for future reform.
Face To Face Tutorial 6 Tutorials will take place fortnightly. You will apply the things you have learned in lectures to problem-based exercises in tutorials. This will allow you to develop and enhance your problem-solving and analytical skills as well as developing your oral communication skills by discussing issues related to succession and trusts.
Online Guided independent study 170 You will undertake research and reading for coursework and tutorial preparation using both online and library resources. You will be assessed on your ability to retrieve and apply information in the coursework and examination. In preparation for coursework, examination and tutorials as well as in participation in tutorials, you will be encouraged and expected to use and develop your legal research skills by utilising textbooks, journal articles and online resources.
Total Study Hours200
Expected Total Study Hours for Module200


Assessment
Type of Assessment Weighting % LOs covered Week due Length in Hours/Words Description
Essay 50 1~3~4~5 Week 10 , WORDS= 2500 words You will be assessed through a written exercise based around calculating the division of an intestate estate and critically analysing the relevant law.
Centrally Time Tabled Examination 50 1~2~3~4~5~6 Exam Period HOURS= 3 hours This assessment takes the form of an unseen exam with a compulsory problem question on the law of trusts and a choice of questions on other topics relating to the law of trusts and succession.
Component 1 subtotal: 50
Component 2 subtotal: 50
Module subtotal: 100

Indicative References and Reading List - URL:
LAW09123 - Law of Succession and Trusts
 

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