Elements and Performance Criteria

RANGE STATEMENT
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.

EVIDENCE GUIDE
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.