LW2LOS: Law of Succession

Module code: LW2LOS

Module provider: School of Law

Credits: 20

Level: 5

When you’ll be taught: Semester 2

Module convenor: Dr Juliet Brook , email: j.brook@reading.ac.uk

Module co-convenor: Dr Derek Whayman, email: d.r.whayman@reading.ac.uk

Pre-requisite module(s):

Co-requisite module(s):

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2025/6

Available to visiting students: No

Talis reading list: No

Last updated: 3 April 2025

Overview

Module aims and purpose

The module will study the law of succession in England and Wales. It consider the requirements for a valid will, together with the laws of intestacy and claims by relatives of the deceased.  

Students will learn the legal principles that determine the validity of a will, and the principles that are applied to interpret the provisions of a valid will. The module will also examine the grounds on which a will can be challenged, and the circumstances in which a claim can be made for reasonable financial provision from an estate. Students will also learn how an estate is distributed in the absence of a valid will.  

Throughout the module, students will apply their knowledge to realistic problem scenarios, as well as engaging in theoretical and critical analysis of the law. 

Module learning outcomes

By the end of the module, it is expected that students will be able to: 

1. Explain key principles of the law of succession and evaluate the extent to which they apply to a particular scenario. 
2. Solve problems by identifying relevant issues, applying relevant concepts, principles and rules, identifying material evidence needed, making judgements and reaching supported conclusions on the basis of sound and informed reasoning. 
3. Demonstrate an ability to apply core legal and transferable skills, particularly skills of legal research and critical analysis, especially when interpreting cases and legislation. 

Module content

1. The law of intestacy; distribution of an intestate estate 
2. The formality requirements for a valid will 
3. Capacity to make a will 
4. Intention to make a will 
5. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 
6. Amending and revoking a will 
7. Interpretation and rectification of a will 

Structure

Teaching and learning methods

The module will be delivered by means of weekly lectures, together with tutorials and workshops. Lectures will outline the principles and rules of the law of succession, and discuss current issues and contentious areas. Tutorials will require students to apply these principles to problem situations, using their knowledge of statute and case law to develop their analysis. Workshops will enable students to engage in more in-depth discussions of various topics on the module, and develop their skills of critical analysis. 

Study hours

At least 37 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 40% to pass this module.

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Students will submit a coursework plan in Week 9, for feedback. 

Reassessment

Additional costs