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Elements and Performance Criteria

  1. Develop strategies based on client requirements
  2. Present strategies and information to clients
  3. Reconcile client concerns and gain confirmation
  4. Prepare and document estate plan
  5. Prepare ongoing service where requested by client

Required Skills

Required skills

highly developed communication skills to

determine and confirm client estate plan requirements using questioning and active listening as required

provide customer service and deal sensitively with clients

resolve disputes and conflicts

liaise with others such as specialist advisers share information listen and understand

use language and concepts appropriate to cultural differences

welldeveloped research and analysis skills for accessing interpreting and managing complex information

IT skills for accessing and using appropriate systems and databases

highly developed numeracy skills to prepare and interpret complex financial statements and perform complex financial calculations

welldeveloped literacy skills to

read and interpret documentation from a variety of sources

prepare documentation

record consolidate and file information

problem solving skills to identify any issues that have the potential to impact on the estate plan and to develop options to resolve these issues when they arise

excellent interpersonal skills to establish rapport with clients and to liaise with other specialists and team members

organisational and time management skills to sequence tasks meet timelines and arrange meetings

Required knowledge

relevant Commonwealth State and Territory legislation and regulations including

wills

taxation

trustees

intestacies

attorneyships

application of interstate and overseas legislation and regulations where appropriate

relevant social services and benefits and qualification requirements including

age

disability

organisational policies and procedures required in the full range of tasks covered

products and services offered by the organisation and fees attached

roles responsibilities and powers of senior personal trust officer including

management and supervision responsibilities

organisational expectations

limitation of personal authority

application of the professional code of conduct in the personal trustee industry including

ethical practices

integrity

professionalism

confidentiality

how and when to contact key organisational personnel with expertise in specialised areas relating to the personal trustee industry

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

identify products that pertain to the personal trustee industry and are appropriate to meet the needs of clients by identifying benefits risks taxation requirements and other issues

use high level interpersonal skills to deal appropriately with sensitive issues

Context of and specific resources for assessment

Assessment must ensure

competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment

access to and the use of a range of common office equipment technology software and consumables

access to relevant estate planning legislation organisational documents and information

access to relevant financial products and services information

Method of assessment

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

evaluating an integrated activity which combines the elements of competency for the unit or a cluster of related units of competency

verbal or written questioning on underpinning knowledge and skills

setting and reviewing simulations or scenarios

evaluating samples of work

accessing and validating third party reports

Guidance information for assessment


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.

Details and documentation may include:

articles of association

assets and liabilities documentation

beneficiaries with special needs or particular problems

beneficiaries' names, location and relationship to client

company records

personal details of client

taxation returns

trust deed.

Taxation requirements and issues for differing circumstances may include:

individuals

overseas beneficiaries

superannuation funds

trusts.

Taxation issues of an estate plan may include:

Capital Gains Tax (CGT)

treatment of superannuation benefits on the death of a member.

Internal or external sources may include:

accountants

insurance agents

lawyers.

Types of insurance may include:

disability insurance

home loan insurance

income protection insurance

property insurance

public liability insurance.

Estate planning may include:

establishing a trust

funerals

health directives

powers of attorney

preparing a will.

Nature and purpose of a trust may include:

asset protection

making a future gift in light of circumstances yet to occur

to minimise income tax

to prevent squandering of property

to secure property to benefit persons in succession.

Information and legislative requirements may include:

corporate versus personal trustees

Commonwealth, State and Territory legislation and regulation relating to:

wills

taxation

intestacies

attorneyships

charging of fees.

Benefits and considerations for beneficiaries may include:

payments from a superannuation fund

pension benefits.

The use of insurance may include:

payment of estate debts

to mitigate risk.

Restrictions relating to family companies may include

impact of a will on the transfer of company assets to a beneficiary

not being able to directly gift assets of a business structure to a beneficiary.

Role and responsibilities of a trustee may involve:

distributing capital

distributing income.