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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

1. Advise client on nature of wills
   • Present and clarify legislative requirements related to testamentary instructions and other relevant information to client
   • Ensure client questions are answered accurately, completely and in appropriate language
   • Provide accurate information, ethical advice and recommendations about suitable options to client
   • Identify potential conflicts or factors which may affect validity of legal matters, and clearly communicate strategies for appropriate action including necessary liaison with client’s other professional advisers
2. Take testamentary instructions from client
   • Select appropriate location for taking instructions from client
   • Accurately and appropriately assess client’s testamentary capacity or confirm with legal or medical opinion, if required
   • Accurately record client instructions in accordance with organisational policy
   • Establish essential details about client, and clarify and confirm client instructions
3. Prepare and execute documents
   • 3.1 Prepare drafts of will according to legislative requirements and consistent with client's instructions and essential obligations
   • Check will for legal implications and complications, and obtain client’s verification of will
   • Arrange and confirm correct execution of will
   • Organise record-keeping and safe storage of will according to organisational requirements
4. Review will
   • Organise process for reviewing will according to organisational requirements and client instructions, and execute reviewed will as agreed
   • Maintain communication with client’s professional advisers
5. Advise client on legal requirements of preparing a will
   • 1.1 Identify client's circumstances, estate objectives and an appropriate location for meeting with client
   • 1.2 Present and clarify for the client the legislative requirements in regards to the preparation of their will and other information on products and services relevant to the client's circumstances and their estate, including fees and charges
   • 1.3 Ensure client's questions in regards to the preparation of their will and distribution of their estate are answered in appropriate language
   • Provide accurate information, ethical advice and recommendations about suitable options to client in regards to the preparation their will and the distribution of their estate
   • Identify and explain to the client the potential conflicts or factors which may affect the implementation of their will and recommend appropriate action including seeking the advice of specialists when necessary

Performance Evidence

Evidence of the ability to:

draft, execute and store a will in accordance with legislative and organisational requirements and client's testamentary instructions

identify the need, and conduct the process, to prove a client's testamentary capacity

identify and manage factors that may affect the implementation of the will.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

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Knowledge Evidence

To complete the unit requirements safely and effectively, the individual must:

describe the key legislative requirements of relevant federal, state and territory legislation and regulations relating to:

wills

intestate succession

probate and administration

trusteeships including investment and obligations of the trustees

taxation and tax obligations as they relate to the administration of estates and trusts

describe organisational policies and procedures required when preparing a will

outline products and services offered by personal trustee organisations and fees and charges that apply

outline role, responsibilities and powers of the personal trust officer including:

organisational expectations

limitation of personal authority in giving investment advice

outline the professional code of conduct, where applicable, in the personal trustee sector

explain the types of tests applied to establish a client’s testamentary capacity to make a valid will

explain the tests applied to establish the validity of a will

describe the different types of potential conflicts and factors that may affect the validity of a will including:

adequate family provision claims

ownership of nominated assets

explain the factors that make a location appropriate including:

free from influencing factors

familiar to client

comfortable and private

identify the role of, and how and when to contact, internal or external specialists relating to the personal trustee sector.

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