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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. Establish file and apply for administration
   • Research and gather evidence that confirms that the deceased died intestate
   • Confirm domicile of the deceased and their movable and immovable assets
   • Obtain relevant affidavits to support application for administration and prepare and lodge application
2. Determine estate beneficiaries
   • Identify complex family issues and draft family tree
   • Undertake genealogical research and confirm identity and rights of beneficiaries with verifiable documentary evidence
   • Trace, identify and locate beneficiaries using internal or external specialists and resources where required
3. Confirm intestate scheme of distribution
   • 3.1 Identify the relevant intestate legislation to determine beneficiaries' entitlement of the estate
   • Explain to potential beneficiaries the administration process and certification required to prove their entitlement
   • Prepare and confirm schedule of beneficiaries and their entitlements in accordance with organisational requirements

Performance Evidence

Evidence of the ability to:

research and gather evidence that confirms an intestate estate

conduct genealogical research and determine beneficiaries and their entitlements according to legislative and organisational requirements

prepare documentation relating to application for administration of an intestate estate and a schedule of beneficiaries

explain to beneficiaries the processes for estate administration and proving their estate entitlement.

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 federal, state and territory legislation and regulations relating to:

wills

intestate succession

probate and administration

preparing an application for administration

taxation and tax obligations, including capital gains tax, as they relate to the administration of estates

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

discuss the role, responsibilities and powers of the personal trust officer when substantiating an intestate entitlement estate

identify the role of internal and external specialists relating to the substantiation of an intestate estate's entitlement

describe organisational policies and procedures regarding the substantiation of an intestate estate entitlement

describe potential estate liabilities including:

claims on the estate

fees and charges and other administration expenses

debts of the deceased

deceased final tax return obligations

list and describe what constitutes verifiable documentary evidence including:

affidavits

births, deaths and marriage certificates

religious certificates.

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