Application
This unit describes the skills and knowledge required to identify and verify the existence of an intestate estate, including the beneficiaries, and to prepare documentation ready for estate administration.
It applies to individuals who are proficient administrators in the personal trustee sector. They may undertake research to establish an intestate estate exists, locate beneficiaries and prepare simple financial statements ready for administration of the estate.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
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. Establish file and apply for administration | 1.1 Research and gather evidence that confirms that the deceased died intestate 1.2 Confirm domicile of the deceased and their movable and immovable assets 1.3 Obtain relevant affidavits to support application for administration and prepare and lodge application |
2.Determine estate beneficiaries | 2.1 Identify complex family issues and draft family tree 2.2 Undertake genealogical research and confirm identity and rights of beneficiaries with verifiable documentary evidence 2.3 Trace, identify and locate beneficiaries using internal or external specialists and resources where required |
3. Confirm intestate scheme of distribution | 3.1 Identify the relevant intestate legislation to determine beneficiaries' entitlement of the estate 3.2 Explain to potential beneficiaries the administration process and certification required to prove their entitlement 3.3 Prepare and confirm schedule of beneficiaries and their entitlements in accordance with organisational requirements |
Evidence of Performance
Evidence of the ability to:
research and gather evidence that confirms an intestate estate
conduct genealogical research and determine beneficiaries and their entitlements according to legislative and organisational requirements
prepare documentation relating to application for administration of an intestate estate and a schedule of beneficiaries
explain to beneficiaries the processes for estate administration and proving their estate entitlement.
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 federal, state and territory legislation and regulations relating to:
wills
intestate succession
probate and administration
preparing an application for administration
taxation and tax obligations, including capital gains tax, as they relate to the administration of estates
outline the professional code of conduct, where applicable, in the personal trustee sector
discuss the role, responsibilities and powers of the personal trust officer when substantiating an intestate entitlement estate
identify the role of internal and external specialists relating to the substantiation of an intestate estate's entitlement
describe organisational policies and procedures regarding the substantiation of an intestate estate entitlement
describe potential estate liabilities including:
claims on the estate
fees and charges and other administration expenses
debts of the deceased
deceased final tax return obligations
list and describe what constitutes verifiable documentary evidence including:
affidavits
births, deaths and marriage certificates
religious certificates.
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:
appropriate legislation and regulations relevant to administering intestate estates
the internet for searches
organisational reference materials such as policies, procedures, manuals and checklists
common technology and software.
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 | 1.1, 1.3, 2.2, 3.1 | Analyses and consolidates information and data from a range of sources against defined criteria and requirements and checks for accuracy and completeness |
Writing | 1.3, 2.1, 3.3 | Accurately records information and prepares correspondence and documentation using clear language and organisational and statutory formats and protocols |
Oral Communication | 2.3, 3.2 | Articulates clearly using vocabulary suitable to audience to convey or request information Uses listening and questioning techniques to confirm understanding |
Numeracy | 1.2, 3.3 | Performs calculations to analyse financial information, costs and values for statutory returns, fees and commissions and reporting |
Navigate the world of work | 1.1, 1.3, 2.2, 2.3, 3.1 | Takes personal responsibility for following explicit and implicit policies, procedures and legislative requirements Identifies and acts on issues that contravene relevant policies, procedures and legal requirements |
Interact with others | 2.3, 3.2 | Selects and uses appropriate conventions and protocols when communicating with clients and co-workers in a range of work contexts Uses a range of strategies to establish a sense of connection and build rapport with clients and co-workers |
Get the work done | 1.1, 2.1, 2.3, 3.1 | Takes responsibility for planning, sequencing and prioritising tasks and own workload for efficiency and effective outcomes Makes routine decisions and implements standard procedures for routine tasks using formal decision-making processes for more complex and non-routine situations Uses digital systems and technologies to access, store and share information |
Sectors
Personal trustee