Unit of competency Outline
Date retreived
23/07/2026 1:49 PM AWST
23/07/2026 1:49 PM AWST
Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.
Prepare a will
Prepare a will
Unit of competency
National Code
FNSPRT402A
FNSPRT402A
State Code
D4296
D4296
TGA Status
Replaced
Replaced
DTWD Status
Replaced
Replaced
State Implementation and Classification
Approved Date
29/07/2014
Field of Education
090907 - Family Law
Original Release Date
29/07/2014
Nominal Hours
60
Description
This unit describes the performance outcomes, skills and knowledge required to prepare wills, including their requirements and structures, assessing the testamentary capacity of a client, preparing documents and reviewing the will on behalf of the client.This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.
Notes
Elements and Performance Criteria
1. Advise client on the nature of wills
- 1.1. Legislative requirements related to testamentary instructions and other relevant information are presented to and clarified with the client
- 1.2. Client questions are answered accurately, completely and in appropriate language
- 1.3. Accurate information, ethical advice and recommendations about suitable options are discussed with client
- 1.4. Potential conflicts or factors which may affect the validity of legal matters, are identified and strategies for appropriate action are clearly communicated and liaison undertaken with the client's other professional advisers if necessary
2. Take testamentary instructions from client
- 2.1. An appropriate location for taking instructions from the client is selected and the client's testamentary capacity is accurately and appropriately assessed or confirmed with a legal or medical opinion obtained if required
- 2.2. Client instructions are accurately recorded in accordance with organisational policy
- 2.3. Essential details about client are established and their instructions clarified and confirmed
3. Prepare and execute documents
- 3.1. Drafts of the will are prepared according to statutory requirements and consistent with client's instructions and essential obligations
- 3.2. The will is checked for legal implications and complications and the client's verification of the will obtained
- 3.3. Execution of the will is arranged and correct execution is confirmed
- 3.4. Record keeping and safe storage of the will is organised according to organisational requirements
4. Review the will
- 4.1. Process for reviewing the will is organised according to organisational requirements and client instructions and is carried out with client as agreed
- 4.2. Communication is maintained with client's professional advisers if required
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.
Legislative requirements may include:
State and Territory legislation and regulation relating to:
wills
intestacies
attorneyships and guardianships
partnerships
Commonwealth legislation and regulations including:
Income Tax Assessment Act.
Relevant information may include:
contact for further taxation advice
fees to be charged
legislative requirements
organisational policies and procedures
ownership changes to minimise Capital Gains Tax (CGT)
recommendations about options
roles and responsibilities of parties involved in making a will such as:
solicitors
client
personal trust officer
taxation issues.
Factors which may affect the validity of legal matters may include:
destruction of a will
divorce
marriage
revocation by a later will
testamentary capacity
undue influence.
An appropriate location may include:
premises of the trust corporation
premises of the client or their representative
other agreed location (e.g. hospital).
Essential details concerning the client may include:
appointment of executor
custody and guardianship of minor children
debts
details concerning assets and liabilities
details of beneficiaries':
names
location
relationship to testator
directions as to the disposal of body
grant of further powers
personal details
residuary clause.
Statutory requirements may include:
the appointment of an executor
the attestation
the body
the revocation of previous wills
the testimonium.
Essential obligations may include:
directions as to the disposal of the body
payment of debts
taxation implications on death and the transfer of assets, including CGT.
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.
Legislative requirements may include:
State and Territory legislation and regulation relating to:
wills
intestacies
attorneyships and guardianships
partnerships
Commonwealth legislation and regulations including:
Income Tax Assessment Act.
Relevant information may include:
contact for further taxation advice
fees to be charged
legislative requirements
organisational policies and procedures
ownership changes to minimise Capital Gains Tax (CGT)
recommendations about options
roles and responsibilities of parties involved in making a will such as:
solicitors
client
personal trust officer
taxation issues.
Factors which may affect the validity of legal matters may include:
destruction of a will
divorce
marriage
revocation by a later will
testamentary capacity
undue influence.
An appropriate location may include:
premises of the trust corporation
premises of the client or their representative
other agreed location (e.g. hospital).
Essential details concerning the client may include:
appointment of executor
custody and guardianship of minor children
debts
details concerning assets and liabilities
details of beneficiaries':
names
location
relationship to testator
directions as to the disposal of body
grant of further powers
personal details
residuary clause.
Statutory requirements may include:
the appointment of an executor
the attestation
the body
the revocation of previous wills
the testimonium.
Essential obligations may include:
directions as to the disposal of the body
payment of debts
taxation implications on death and the transfer of assets, including CGT.
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:
undertake appropriate and relevant tasks associated with preparing a will
provide customer service strategies that allow for customer needs to be assessed and responded to
present factual information in the workplace and in relating to clients and their representatives.
Context of and specific resources for assessment
Assessment must ensure:
competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment
access to and the use of a range of common office equipment, technology, software and consumables
access to appropriate legislation and regulations relevant to preparing a will, workplace manuals and reference material such as company policy, procedural manuals and checklists.
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples, in combination, are appropriate for this unit:
evaluating an integrated activity which combines the elements of competency for the unit or a cluster of related units of competency
observing processes and procedures in workplaces
verbal or written questioning on underpinning knowledge and skills
setting and reviewing simulations or scenarios
accessing and validating third party reports.
Guidance information for assessment
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:
undertake appropriate and relevant tasks associated with preparing a will
provide customer service strategies that allow for customer needs to be assessed and responded to
present factual information in the workplace and in relating to clients and their representatives.
Context of and specific resources for assessment
Assessment must ensure:
competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment
access to and the use of a range of common office equipment, technology, software and consumables
access to appropriate legislation and regulations relevant to preparing a will, workplace manuals and reference material such as company policy, procedural manuals and checklists.
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples, in combination, are appropriate for this unit:
evaluating an integrated activity which combines the elements of competency for the unit or a cluster of related units of competency
observing processes and procedures in workplaces
verbal or written questioning on underpinning knowledge and skills
setting and reviewing simulations or scenarios
accessing and validating third party reports.
Guidance information for assessment
Replaced By
| State Code | National Code | Title | Type |
|---|---|---|---|
| AUS83 | FNSPRT402 | Prepare a will | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| D712 | FNS41311 | Certificate IV in Personal Trust Administration | Qualification |