Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

FNSPRT402 Mapping and Delivery Guide
Prepare a will

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency FNSPRT402 - Prepare a will
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills and knowledge required to prepare valid wills, including assessing the testamentary capacity of a client.It applies to individuals who are proficient administrators in the personal trustee sector and are required to record a client's testamentary instructions.Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the personal trustee field of work and include access to:

common office equipment, technology, software and consumables

appropriate legislation and regulations relevant to preparing a will

organisational reference materials such as policies, procedures, manuals and checklists.

Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.
Prerequisites/co-requisites
Competency Field
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: 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
       
Element: 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
       
Element: 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
       
Element: 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
       
Element: 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
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. 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

1.4 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

1.5 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

2. Take testamentary instructions from client

2.1 Meet with client at the appropriate location selected for taking instructions from client

2.2 Accurately and appropriately assess client’s testamentary capacity in accordance with legislative and organisational requirements and confirm with legal or medical opinion when necessary

2.3 Collate and confirm relevant client details and client's testamentary instructions

2.4 Accurately record client's testamentary instructions in accordance with organisational policies

3. Prepare and execute documents

3.1 Prepare a draft of the will in accordance with legislative requirements and consistent with client's testamentary instructions

3.2 Check will for legal implications and complications and address these referring to specialists where necessary

3.3 Arrange and confirm correct execution of will in accordance with legislative and organisational requirements

3.4 Organise and advise client of record-keeping, safe storage and review of will according to organisational requirements

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.

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.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. 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

1.4 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

1.5 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

2. Take testamentary instructions from client

2.1 Meet with client at the appropriate location selected for taking instructions from client

2.2 Accurately and appropriately assess client’s testamentary capacity in accordance with legislative and organisational requirements and confirm with legal or medical opinion when necessary

2.3 Collate and confirm relevant client details and client's testamentary instructions

2.4 Accurately record client's testamentary instructions in accordance with organisational policies

3. Prepare and execute documents

3.1 Prepare a draft of the will in accordance with legislative requirements and consistent with client's testamentary instructions

3.2 Check will for legal implications and complications and address these referring to specialists where necessary

3.3 Arrange and confirm correct execution of will in accordance with legislative and organisational requirements

3.4 Organise and advise client of record-keeping, safe storage and review of will according to organisational requirements

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
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 
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 
3.1 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 
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 
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 

Forms

Assessment Cover Sheet

FNSPRT402 - Prepare a will
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

FNSPRT402 - Prepare a will

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: