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.
Elements and Performance Criteria
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 Performance
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.
Evidence of Knowledge
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.
Assessment Conditions
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.
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.2, 2.2, 3.2 | Analyses and consolidates information and data from a range of sources against defined criteria and requirements and checks for accuracy and completeness |
Writing | 2.3, 2.4, 3.1 | Accurately records and completes organisational documents and correspondence using clear language and correct spelling, grammar and terminology Documents outcomes of communications and changes documentation to revised circumstance |
Oral Communication | 1.1–1.5 2.3, 3.2, 3.4 | Articulates clearly using vocabulary suitable to the audience to convey or request information Uses listening and questioning techniques to confirm understanding |
Navigate the world of work | 1.1, 1.2, 2.1-2.4, 3.1–3.4 | Takes personal responsibility for following explicit and implicit policies, procedures and legislative requirements |
Interact with others | 1.1–1.5, 2.1–2.3, 3.2, 3.4 | Uses a range of strategies to establish a sense of connection and build rapport with clients and co-workers Cooperates with others and contributes to work activities where joint outcomes are expected and deadlines are to be met Seeks advice and clarification for new activities |
Get the work done | 1.1, 1.5, 2.2, 2.4, 3.1–3.4 | Takes responsibility for planning, sequencing and prioritising tasks and own workload for efficiency and effective outcomes Addresses less predictable problems and initiates standard procedures in response applying problem-solving processes in determining a solution Uses digital systems and technologies to access, store and share information |
Sectors
Personal trustee