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Elements and Performance Criteria

  1. Identify laws and principles of wills and probate law
  2. Enhance professional practice through application of relevant principles of wills and probate law
  3. Prepare and execute documentation
  4. Process documentation

Required Skills

Required skills

communication skills to

give and interpret instructions

clarify discussions

provide required information

literacy skills to

follow complex legal procedures

complete documentation

research skills to

locate necessary information from external sources

identify and evaluate status of information

organisational skills to make arrangements and appointments

technology skills to

operate office equipment

use a range of software packages and precedent bank

Required knowledge

scope of job role in the context of legislation regulations and codes of practice in relevant jurisdictions

relevant court or tribunal processes current legislation legal processes and required documentation

organisations required policies and procedures for the full range of tasks covered

legal terminology including that specific to wills and probate law

accepted codes of practice relevant to the workplace including those relation to

privacy and confidentiality

use of company property

duty of care

ethical behaviour

nondiscriminatory practice

conflict of interest

compliance with reasonable direction

legislative requirements which may relate to

professional practice limitations

relevant commonwealth state or territory legislation

schedule of fees and duties payable

trust accounts

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to

treat clients in a sensitive discreet and professional manner

conduct all work within accepted codes of conduct that apply to the legal profession

apply the law and its consideration as it relates to wills and probate

prepare appropriate documentation including wills and probate matters

Context of and specific resources for assessment

Assessment must ensure access to

an actual workplace or simulated environment

appropriate legislation and regulations relevant to wills and probate matters

workplace manuals and reference materials such as company policies procedural manuals checklists and sample forms

background information on relevant courts and tribunals their jurisdiction and behavioural requirements

appropriate technology such as computers with relevant software

appropriate texts and people with expert knowledge such as legal practitioners

appropriate legislation and regulations relevant to legal matters concerning wills and probate

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

review of forms documents and annexures related to wills and probate prepared for designated individuals for signoff

oral and written questioning to assess knowledge of legal terminology and practice

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Legislation, regulations and policies relevant to will and probates may include:

commonwealth, state or territory legislation

government regulations and policies.

Relevant information may include:

fees to be charged

information on available options

legislative requirements

organisational policies and procedures

roles and responsibilities of parties involved, e.g. solicitor, client, and personal trust officer

taxation issues.

Client's needs may include:

appointment of executor

custody and guardianship of minor children

details concerning assets and liabilities

details of beneficiaries

information held by notaries

legal and medical opinion

testamentary capacity.

Documentation may include:

letters of administration documentation

powers of attorney

probate documentation

wills.

Designated individual may include:

government representative or other individual charged with legal responsibilities related to wills and probate

legal manager

practice manager

qualified legal practitioner

registrar of the Supreme Court (probate division)

supervisor.

Organisation's policies and procedures may include:

individual procedures adopted by instructing legal practitioner

protocol for accommodating client's needs, e.g. social worker or interpreter

recording information

security, confidentiality and privacy procedures

use of precedent bank

verifying and authorising information.

Appropriate agencies may include:

client

government organisations

other legal representatives

Supreme Court (probate division)

trust corporations.