Elements and Performance Criteria
- Advise client on the nature of wills
- Legislative requirements related to testamentary instructions and other relevant information are presented to and clarified with the client
- Client questions are answered accurately, completely and in appropriate language
- Accurate information, ethical advice and recommendations about suitable options are discussed with client
- Potential conflicts or factors which may affect the validity of legal matters, are identified and strategies for appropriate action are clearly communicated and liaison undertaken with the client's other professional advisers if necessary
- Take testamentary instructions from client
- An appropriate location for taking instructions from the client is selected and the client's testamentary capacity is accurately and appropriately assessed or confirmed with a legal or medical opinion obtained if required
- Client instructions are accurately recorded in accordance with organisational policy
- Essential details about client are established and their instructions clarified and confirmed
- Prepare and execute documents
- Drafts of the will are prepared according to statutory requirements and consistent with client's instructions and essential obligations
- The will is checked for legal implications and complications and the client's verification of the will obtained
- Execution of the will is arranged and correct execution is confirmed
- Record keeping and safe storage of the will is organised according to organisational requirements
- Review the will