TRUSTS, SUCCESSION AND FAMILY LAW

SHE Level 1
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M1M222773
Module Leader Naveed Kayani
School Glasgow School for Business and Society
Subject Law
Trimesters
  • A (September start)-B (January start)
  • B (January start)-A (September start)

Summary of Content

This module provides the student with a knowledge and understanding of key areas of Scots Private Law including the law of trusts and succession; and family law. The module exposes students to legal challenges arising from family disputes across international boundaries. The role of lawyers in society is changing - lawyers are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society, including the public and private sectors. The delivery of the module will thus embed PRME principles including: developing graduates who care about social responsibility; developing learning and teaching which enables graduates to become responsible leaders and practitioners; and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social and legal challenges.

Syllabus

The law of trusts: categories of trusts, powers, duties and liabilities of trustees, trust purposes, liferent and fee, judicial factors. The law of succession: presumption of death, entitlement to inherit, prior rights and legal rights, intestate succession, testate succession, vesting. Family law: husband & wife - formation and effects of marriage, divorce, financial provision on divorce; civil partnerships; parent & child - establishing parentage, parental rights and responsibilities, adoption.

Learning Outcomes

On successful completion of this module, the student should be able to:1. Demonstrate a knowledge and understanding of the principles of the law of trusts;2. Demonstrate a knowledge and understanding of the principles of the law of succession;3. Describe the requirements of a valid marriage and of a civil partnership and demonstrate a knowledge and understanding of the legal consequences of both married status and civil partnership and their termination through divorce or dissolution respectively;4. Demonstrate a knowledge and understanding of the rights and responsibilities arising as a consequence of the parent and child relationship;5. Analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant law; synthesise case law and statute to reinforce legal points and synthesise different points of law when reaching a reasoned conclusion;6. Identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognized methods of citation and reference. Identify accurately and formulate clearly the legal issues to be research; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list.7. PRME Learning Outcome: Demonstrate an ability to explore ethical and socially responsible responses to a variety of family conflicts.

Teaching / Learning Strategy

The module will be delivered over two trimesters. Students will attend two hours of lectures per week and 1 seminar hour per fortnight. The structured programme of learning undertaken will encourage active, student-centred learning by requiring students to access and analyse a variety of primary and secondary source material in order to address and solve set questions and case studies. During seminars, students variously may work in groups, present material to the class and participate in role play exercises. In addition, blended learning will be utilised fully with a range of module materials and other sources of information available via GCU Learn. Attendance requirement: A minimum of 80% attendance at seminars is required in this module, or the provision of satisfactory proof of acceptable reasons for absence. Failure to comply with the requirement may result in the student being barred from sitting the first diet examinations and being required to sit the relevant examination(s) as a second attempt at the re-sit diet. Generic feedback on student work will be provided via GCU Learn and in seminars. Students may also obtain individual feedback on their work from staff. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCULearn to ensure student support and information sharing. Students are provided with formative and summative feedback via a variety of mechanisms. Feedback on coursework is provided within 3 working weeks of submission.

Indicative Reading

-567 Books and articles: Family Law Essentials (Scottish Law Essentials) <http://www.amazon.co.uk/Family-Law-Essemtials-Scottish-Essentials/dp/1845861531/ref=sr_1_4?s=books&ie=UTF8&qid=1384968980&sr=1-4&keywords=family+law+scotland> by K Norrie (31 Dec 2013) Avizandum Statutes on Scots Family Law 2013-14 <http://www.amazon.co.uk/Avizandum-Statutes-Scots-Family-2013-14/dp/1904968619/ref=sr_1_8?s=books&ie=UTF8&qid=1384968980&sr=1-8&keywords=family+law+scotland> by Jane Mair (31 Aug 2013) Property Trusts and Succession <http://www.amazon.co.uk/Property-Trusts-Succession-George-Gretton/dp/1780432232/ref=sr_1_10?s=books&ie=UTF8&qid=1384968980&sr=1-10&keywords=family+law+scotland> by George L Gretton and Andrew J M Steven (29 Aug 2013) The Law Relating to Parent and Child in Scotland <http://www.amazon.co.uk/Law-Relating-Parent-Child-Scotland/dp/0414018109/ref=sr_1_12?s=books&ie=UTF8&qid=1384968980&sr=1-12&keywords=family+law+scotland> by Kenneth McK. Norrie (21 Aug 2013) Avizandum Statutes on Scots Property, Trusts and Succession Law 2013-14 <http://www.amazon.co.uk/Avizandum-Statutes-Property-Succession-2013-14/dp/1904968600/ref=sr_1_1?s=books&ie=UTF8&qid=1384969521&sr=1-1&keywords=succession+law+scotland> by Andrew J. M. Steven and Scott Wortley (31 Aug 2013) Summary of the Law of Intestate Succession in Scotland: With a Brief Outline of the Law of Intestate Succession... <http://www.amazon.co.uk/Summary-Law-Intestate-Succession-Scotland/dp/1287536255/ref=sr_1_6?s=books&ie=UTF8&qid=1384969631&sr=1-6&keywords=succession+law+scotland> by Peter Hay Cameron (15 Sep 2013) -567 Thomson, J.M., Family Law in Scotland, 6th ed. 2011 Bloomsbury Norrie, K., Family Law (Scotland) Act 2006: Text and Commentary, 2006 Dundee University Press Family Law Basics <http://www.amazon.co.uk/Family-Law-Basics-Elaine-Sutherland/dp/041401880X/ref=sr_1_3?s=books&ie=UTF8&qid=1384970108&sr=1-3&keywords=Sutherland+E+law+basics> by Elaine E. Sutherland (30 Sep 2014) W Green Paisley, R., Trusts and Succession, 2012 W Green

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: 1. Analysis, Synthesis, Critical Judgment and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 preparation for, presentation at and participation in researched seminar activity; b7 preparation for, presentation at and participation in researched assessment activity including writing essays and other formal exercises; b7 solving well defined ( typically hypothetical) problems through essays, seminars and group work; b7 participating in role play exercises 2. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 preparation for, presentation at and participation in seminar activity; b7 preparation for, presentation at and participation in assessment activity including writing essays and other formal exercises; b7 preparation for seminar activity which will require students to identify and access primary and secondary source materials; b7 engagement in assessment activity ensuring deadlines are met; b7 interaction with others in group work associated with role play exercises 3. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 writing essays and other formal exercises; b7 contributing in seminars; b7 participating in role play exercises requiring communication with client 4. Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Seminar problems which require students to calculate and distribute testate and intestate estates in the appropriate form; b7 An assessed component (Intestacy Coursework) which requires students to calculate and distribute an intestate estate in the appropriate form b7 Submission of word processed assessment material; b7 engagement in assessment and seminar tasks requiring retrieval of information using electronic sources; b7 engagement in assessment and directed learning activities requiring use of electronic repositories; b7 communication with module team and group peers via e-mail and electronic learning platform b7 participation in seminar activity; b7 interaction with others in group work associated with role play exercises

Module Structure

Activity Total Hours
Seminars (PT) 10.00
Independent Learning (PT) 126.00
Independent Learning (FT) 126.00
Lectures (PT) 44.00
Assessment (PT) 20.00
Seminars (FT) 10.00
Assessment (FT) 20.00
Lectures (FT) 44.00

Assessment Methods

Component Duration Weighting Threshold Description
Coursework 1 n/a 24.00 35% Succession Computation/Essay - January Exam Period, 1000 words
Exam (Exams Office) 2.00 60.00 35% Examination (Tri B exam period).
Coursework 2 n/a 16.00 35% Family Law Case Study - Tri B, Week 8, 600 words.