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

BSBLEG515A Mapping and Delivery Guide
Apply legal principles in wills and probate matters

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency BSBLEG515A - Apply legal principles in wills and probate matters
Description This unit describes the performance outcomes, skills and knowledge required to apply legal principles in wills and probate matters, including preparing wills, powers of attorney and deceased estate documentation.A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to individuals who apply knowledge of legal principles in wills and probate matters when preparing documentation. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites
Competency Field Administration - legal administration
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: Identify laws and principles of wills and probate law
  • Source legislation, regulations and policies relevant to wills, probate and administration
  • Interpret key principles as they apply to wills, probate and administration matters
       
Element: Enhance professional practice through application of relevant principles of wills and probate law
  • Establish relevant information in the context of the particular matter
  • Ensuring client's needs are met, obtain testamentary, solicitor, deceased estate instructions and other details
       
Element: Prepare and execute documentation
  • Draft documentation according to instructions of designated individual
  • Forward documentation to designated individual for review and sign off in accordance with organisation's policies and procedures
       
Element: Process documentation
  • Ensure documents are despatched to appropriate agencies according to instructions
  • Determine types of costs in accordance with legislative and regulatory requirements for costing legal services
  • Facilitate liaison and communication with the parties
  • Maintain files, noting critical dates and reminders
       


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:

treat clients in a sensitive, discreet and professional manner

conduct all work within accepted codes of conduct that apply to the legal profession

apply the law and its consideration as it relates to wills and probate

prepare appropriate documentation, including wills and probate matters.

Context of and specific resources for assessment

Assessment must ensure access to:

an actual workplace or simulated environment

appropriate legislation and regulations relevant to wills and probate matters

workplace manuals and reference materials, such as company policies, procedural manuals, checklists and sample forms

background information on relevant courts and tribunals, their jurisdiction and behavioural requirements

appropriate technology, such as computers with relevant software

appropriate texts and people with expert knowledge, such as legal practitioners

appropriate legislation and regulations relevant to legal matters concerning wills and probate.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

review of forms, documents and annexures related to wills and probate prepared for designated individuals for sign-off

oral and written questioning to assess knowledge of legal terminology and practice.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

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

communication skills to:

give and interpret instructions

clarify discussions

provide required information

literacy skills to:

follow complex legal procedures

complete documentation

research skills to:

locate necessary information from external sources

identify and evaluate status of information

organisational skills to make arrangements and appointments

technology skills to:

operate office equipment

use a range of software packages and precedent bank

Required knowledge

scope of job role in the context of legislation, regulations and codes of practice in relevant jurisdictions

relevant court or tribunal processes, current legislation, legal processes and required documentation

organisation's required policies and procedures for the full range of tasks covered

legal terminology, including that specific to wills and probate law

accepted codes of practice relevant to the workplace including those relation to:

privacy and confidentiality

use of company property

duty of care

ethical behaviour

non-discriminatory practice

conflict of interest

compliance with reasonable direction

legislative requirements, which may relate to:

professional practice limitations

relevant commonwealth, state or territory legislation

schedule of fees and duties payable

trust accounts

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.

Legislation, regulations and policies relevant to will and probates may include:

commonwealth, state or territory legislation

government regulations and policies.

Relevant information may include:

fees to be charged

information on available options

legislative requirements

organisational policies and procedures

roles and responsibilities of parties involved, e.g. solicitor, client, and personal trust officer

taxation issues.

Client's needs may include:

appointment of executor

custody and guardianship of minor children

details concerning assets and liabilities

details of beneficiaries

information held by notaries

legal and medical opinion

testamentary capacity.

Documentation may include:

letters of administration documentation

powers of attorney

probate documentation

wills.

Designated individual may include:

government representative or other individual charged with legal responsibilities related to wills and probate

legal manager

practice manager

qualified legal practitioner

registrar of the Supreme Court (probate division)

supervisor.

Organisation's policies and procedures may include:

individual procedures adopted by instructing legal practitioner

protocol for accommodating client's needs, e.g. social worker or interpreter

recording information

security, confidentiality and privacy procedures

use of precedent bank

verifying and authorising information.

Appropriate agencies may include:

client

government organisations

other legal representatives

Supreme Court (probate division)

trust corporations.

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
Source legislation, regulations and policies relevant to wills, probate and administration 
Interpret key principles as they apply to wills, probate and administration matters 
Establish relevant information in the context of the particular matter 
Ensuring client's needs are met, obtain testamentary, solicitor, deceased estate instructions and other details 
Draft documentation according to instructions of designated individual 
Forward documentation to designated individual for review and sign off in accordance with organisation's policies and procedures 
Ensure documents are despatched to appropriate agencies according to instructions 
Determine types of costs in accordance with legislative and regulatory requirements for costing legal services 
Facilitate liaison and communication with the parties 
Maintain files, noting critical dates and reminders 

Forms

Assessment Cover Sheet

BSBLEG515A - Apply legal principles in wills and probate matters
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

BSBLEG515A - Apply legal principles in wills and probate matters

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: