Application
This unit describes the skills and knowledge required to prepare wills and probates, powers of attorney and other deceased estate documentation.
The unit applies to individuals who work under supervision, use legal principles and evaluate information from a variety of sources to provide support in a range of legal service settings.
Its application in the workplace is determined by the job role of the individual and legislation, rules, regulations and codes of practice relevant to different jurisdictions.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
1. Prepare to apply principles in wills and probate matters | 1.1 Identify task requirements 1.2 Identify key wills and probate elements for analysis according to task and organisational requirements 1.3 Identify key provisions of legislation and common law, policies or procedures according to task requirements |
2. Apply principles in wills and probate matters | 2.1 Analyse legal matter relevant to corporation law according to task requirements 2.2 Evaluate information according to task requirements 2.3 Prepare deliverable according to task and organisational requirements |
3. Finalise application of principles in wills and probate matters | 3.1 Verify and review documentation with relevant organisational personnel 3.2 Amend and sign-off according to organisational policies and procedures 3.3 Store or despatch document according to task and organisational requirements |
Evidence of Performance
The candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:
apply legal principles in wills and probate matters on at least four occasions.
In the course of the above, the candidate must:
prepare to apply wills and probate principles according to task requirements
apply elements of wills and probate principles to prepare a deliverable
review and amend deliverable according to feedback from supervisor
despatch deliverable according to organisational policies and procedures.
Evidence of Knowledge
The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:
scope of the job role in the context of legislation, regulations and codes of practice
summarise the policies and procedures of the organisation for wills and probate matters
contents and process to prepare documents required for task
sources of instructions including testamentary, solicitor and deceased estate
roles and responsibilities of parties involved in wills and probate matters
forms, documents and annexures relevant to wills and probate.
Assessment Conditions
Skills in this unit must be demonstrated in a workplace or simulated environment where the conditions are typical of those in a working environment in this industry.
This includes access to:
appropriate legislation and regulations relevant to wills and probate matters
workplace policies and procedures and reference materials relevant to performance evidence.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.
Foundation Skills
Reading | Gathers, interprets and analyses complex textual information from a range of sources and identifies relevant and key information |
Writing | Uses clear, accurate and relevant language to organise and record information and complete documentation |
Oral Communication | Participates effectively in spoken interactions using appropriate language and features for each audience and situation Uses active listening and questioning techniques to confirm and clarify understanding |
Initiative and enterprise | Adheres to organisational policies and procedures Keeps up-to-date with relevant legislation, regulations and policies and considers implications of these when planning and undertaking work |
Teamwork | Selects appropriate form, channel and mode of communication for a specific purpose relevant to own role |
Planning and organising | Plans, sequences and implements tasks according to legislative and organisational requirements and specific instructions Evaluates information to decide on relevance to situation |
Sectors
Technical Skills – Legal Services