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.

ELEMENT

PERFORMANCE CRITERIA

1. Identify laws and principles of wills and probate law

1.1. Source legislation, regulations and policies relevant to wills, probate and administration

1.2. Interpret key principles as they apply to wills, probate and administration matters

2. Enhance professional practice through application of relevant principles of wills and probate law

2.1. Establish relevant information in the context of the particular matter

2.2. Ensuring client's needs are met, obtain testamentary, solicitor, deceased estate instructions and other details

3. Prepare and execute documentation

3.1. Draft documentation according to instructions of designated individual

3.2. Forward documentation to designated individual for review and sign off in accordance with organisation's policies and procedures

4. Process documentation

4.1. Ensure documents are despatched to appropriate agencies according to instructions

4.2. Determine types of costs in accordance with legislative and regulatory requirements for costing legal services

4.3. Facilitate liaison and communication with the parties

4.4. Maintain files, noting critical dates and reminders

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 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.

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.

Unit sector

Administration - legal administration

This unit contains employability skills.