FNSPRT301A
Establish entitlements to an intestate estate

This unit describes the performance outcomes, skills and knowledge required to determine entitlement to an intestate estate, including intestate succession, establish the identity of the next of kin and prove family entitlements.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

Application

This unit applies to a range of personal trustee functions.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Search for will

1.1. Investigations are conducted to confirm that the deceased died intestate

1.2. Relevant affidavits are obtained to support application for administration

2. Determine intestate succession

2.1. Genealogical research is undertaken pertaining to the estate and an accurate family tree is established and confirmed

2.2. The identity and rights of the next of kin are analysed and confirmed with documentary evidence for verification obtained

2.3. Beneficiaries are traced, located and their identity established

2.4. Schedule of beneficiaries and their entitlements is prepared and approved.

Required Skills

Required skills

communication skills to:

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

telephone contact with clients and others

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 databases and using search engines for internet information

literacy skills to:

read and interpret documentation from a variety of sources

prepare research documentation and entitlement schedules

record, consolidate and file information

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

Required knowledge

relevant State and Territory legislation and regulations relating to:

the Administration and Probate Act

the law of intestate succession

other related legislation

the roles, responsibilities and powers of the personal trust officer including:

organisational expectations

limitation of personal authority

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

ethics

integrity

professionalism

confidentiality

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

relevant organisation policies and procedures

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:

interpret and apply intestate legislation and regulations

follow the professional code of conduct in the personal trustee industry

determine and contact external specialists and resources relevant to the personal trustee industry.

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 the internet for searches.

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

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.

Genealogical research may include:

searches of:

birth

marriage

death

other matters of lineage.


Sectors

Unit sector

Personal trustee


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.