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

FNSPRT402A Mapping and Delivery Guide
Prepare a will

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency FNSPRT402A - Prepare a will
Description This unit describes the performance outcomes, skills and knowledge required to prepare wills, including their requirements and structures, assessing the testamentary capacity of a client, preparing documents and reviewing the will on behalf of the client.This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to job roles in the personal trustee sector.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
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 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
       
Element: 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
       
Element: 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
       
Element: Review the will
  • Process for reviewing the will is organised according to organisational requirements and client instructions and is carried out with client as agreed
  • Communication is maintained with client's professional advisers if required
       


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.

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:

undertake appropriate and relevant tasks associated with preparing a will

provide customer service strategies that allow for customer needs to be assessed and responded to

present factual information in the workplace and in relating to clients and their representatives.

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 appropriate legislation and regulations relevant to preparing a will, workplace manuals and reference material such as company policy, procedural manuals and checklists.

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

observing processes and procedures in workplaces

verbal or written questioning on underpinning knowledge and skills

setting and reviewing simulations or scenarios

accessing and validating third party reports.

Guidance information for assessment

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.

Required skills

well-developed communication skills to:

determine and confirm work and client requirements, using questioning and active listening as required

provide customer service and deal sensitively with clients

resolve conflicts

liaise with others, share information, listen and understand

use language and concepts appropriate to cultural differences

research and analysis skills for accessing, interpreting and managing information

IT skills for accessing and using appropriate systems and databases and using internet information

numeracy skills to make calculations and interpret and financial reports

literacy skills to:

read and interpret documentation from a variety of sources

prepare documentation

record, consolidate and file information

administrative and organisational skills, including the ability to plan and sequence work

teamwork skills to achieve organisational goals

Required knowledge

relevant State and Territory legislation and regulation relating to:

wills

intestacies

probate and administration

trustees

Commonwealth legislation and regulations including:

Income Tax Assessment Act

business law for financial institutions including:

guidelines and procedures to ensure that legal requirements are met

correct legal terminology and phrases

statutory charges, taxes and other fees applicable to financial institutions

legal parameters of the customer/financial institution relationship

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 the personal trust officer including:

organisational expectations

limitation of personal authority (e.g. not giving investment advice)

professional code of conduct in the personal trustee industry including:

ethical practices

integrity

professionalism

confidentiality

techniques for contacting key organisational personnel with expertise in specialised areas relating to the personal trustee industry

the types of tests applied to establish a client's capacity to make a valid will

roles of external specialists and accessing resources relevant to requirements in the personal trustee industry

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.

Legislative requirements may include:

State and Territory legislation and regulation relating to:

wills

intestacies

attorneyships and guardianships

partnerships

Commonwealth legislation and regulations including:

Income Tax Assessment Act.

Relevant information may include:

contact for further taxation advice

fees to be charged

legislative requirements

organisational policies and procedures

ownership changes to minimise Capital Gains Tax (CGT)

recommendations about options

roles and responsibilities of parties involved in making a will such as:

solicitors

client

personal trust officer

taxation issues.

Factors which may affect the validity of legal matters may include:

destruction of a will

divorce

marriage

revocation by a later will

testamentary capacity

undue influence.

An appropriate location may include:

premises of the trust corporation

premises of the client or their representative

other agreed location (e.g. hospital).

Essential details concerning the client may include:

appointment of executor

custody and guardianship of minor children

debts

details concerning assets and liabilities

details of beneficiaries':

names

location

relationship to testator

directions as to the disposal of body

grant of further powers

personal details

residuary clause.

Statutory requirements may include:

the appointment of an executor

the attestation

the body

the revocation of previous wills

the testimonium.

Essential obligations may include:

directions as to the disposal of the body

payment of debts

taxation implications on death and the transfer of assets, including CGT.

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
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 
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 
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 
Process for reviewing the will is organised according to organisational requirements and client instructions and is carried out with client as agreed 
Communication is maintained with client's professional advisers if required 

Forms

Assessment Cover Sheet

FNSPRT402A - 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

FNSPRT402A - 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: