Last modified: 24 May 2018 10:31
The course examines in detail complex areas of the law of succession and trusts with an emphasis being placed on discursive reasoning. The topics considered will include vesting in an executor and beneficiary, the absence of beneficiaries, the nature and roles of an executor and trustee, survivorship of beneficiaries and common calamities, formal and essential validity of wills (including the issue of execution of wills by adults with incapacity), updating out of date wills by means of the various conditiones applied by Scots law and similar rules in other legal systems, limitations on testamentary freedom, forfeiture and unworthiness of heirs.
|First Sub Session
|25 credits (12.5 ECTS credits)
Course Aims: The course aims to provide students with a knowledge and understanding of the more difficult areas of contemporary Scots Succession law and the disposal and transfer of property on death and an insight in to how other legal systems deal with these issues. These include the nature of an executor’s rights, the rights of a trustee and the rights of a beneficiary, the capacity required to take up such roles, the pre-conditions of inheritance including survivorship, how legal systems deal with common calamities, how a beneficiary may be disqualified from inheritance, the limitations on testamentary freedom, the requirements of formal validity and the requirement to keep a will up to date. Alternatives to succession will be considered including burial and destruction of property including culturally significant objects. Main Learning Outcomes: Knowledge and Understanding By the end of the course, you should know:
Information on contact teaching time is available from the course guide.
1st Attempt: 1 three-hour examination (100%). Resit: Normally, no resit is available.
Students submit one non-counting essay of 2,000 words. This does not count towards the final assessment.
Feedback will be provided on the feedback form within three weeks from the date of submission.