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The principles of equity with particular reference to the law of trusts. The principles of the law of succession and of the administration of estates. Choses in action and their assignment.
This course provides an introduction to the principles of equity and the law of trusts and succession in New Zealand. The course will begin by reviewing the history and development of equity and equitable principles. It will then turn to the law of trusts, succession and claims that can be made against a dead person’s estate. Topics covered under trusts will include what a trust is, the elements required to establish an express trust, the powers and duties of trustees, and remedies for breach of trust. Further topics will be addressed under the law of succession and claims against deceased estates. This part of the course will begin with the law of intestacy and what happens when a person dies without a valid will. It will then move on to the alternative situation of death with a will, including formal requirements for a will’s validity. This part of the course will also cover claims against a deceased person’s estate under several key statutes.
On successful completion of this course, students should be able to describe and explain selected legal principles relating to trusts and succession; identify the legal sources of these principles; identify and critically analyse legal issues in relevant factual situations; apply the law to such issues; and further develop skills such as legal analysis and critical reasoning.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
LAWS203, LAWS205 and LAWS206
LAWS202 and LAWS204
Rebekah McCrae
John Caldwell and James Mehigan
Assessment will include a test and a final exam (and may include an online quiz).The assessment will be confirmed in the first week of lectures.
There is no required reading, however, please check LEARN when the course starts for further information.
Domestic fee $831.00
International fee $4,200.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .