How To Make a Will in the ACT (2025 Guide)
A Step-By-Step Guide to Creating a Last Will and Testament In the Australian Capital Territory
If you plan to make a Will in the ACT, the Wills Act 1968 (ACT) outlines every legal requirement. Anyone 18 or older with testamentary capacity can create a valid Will under this Act. In this guide, you’ll learn each step—from recording your final wishes to signing with proper witnesses—so you feel confident about your choices.
Why make a Will in the ACT?
A Will lets you decide how to distribute your property and assets, such as real estate, financial accounts, and personal belongings, after you pass away. It also helps you plan for your family’s future. For instance, you can name guardians for any minor children, giving them the security they need if you’re no longer around.
If you die without a Will, ACT intestacy rules determine who inherits your estate. That process may not match your preferences, and it can increase stress for your loved ones. By creating a Will in the ACT, you keep control of how your estate is managed and reduce complications for those you leave behind.
Legal Requirements to make a Valid Will in the ACT
Under the Wills Act 1968 (ACT), you must meet certain conditions for your Will to stand as valid. Ignoring these rules can delay or complicate probate and may even invalidate your Will. Here are the essentials:
You must be at least 18 years old. Exceptions apply if you’re married or if a court grants permission.
Have testamentary capacity. You need to understand what a Will is, which assets you own, and who might have a claim on your estate. This is often called having “sound mind.”
Put it in writing. he ACT does not recognise oral Wills. You must produce a written document—typed or handwritten—and sign it with the correct witnesses.
Sign with Two Witnesses. The testator (the person making the Will) must sign in front of two witnesses, both watching at the same time. While beneficiaries can serve as witnesses, that choice may cause extra scrutiny or disputes.
By fulfilling these requirements, you help ensure your Will is valid and enforceable. If you fail to follow them, the courts might challenge or invalidate your Will, leaving your estate subject to ACT intestacy rules instead of your personal intentions.
Step-by-Step: How to Make a Will in the ACT
1. Choose an Executor
When you make a Will in the ACT, you should select an executor who will handle your estate after you pass away. This person pays debts, distributes assets according to your wishes, and applies for a Grant of Probate at the ACT Supreme Court if needed.
Choose at least 1 Executor who is a well organised adult, dependable, and comfortable dealing with financial and legal matters. Many people pick a trusted family member, close friend, or professional adviser.
It’s also wise to name a backup (alternate) executor in case your first choice can’t serve. That way, your estate remains in capable hands regardless of changing circumstances.
2. Name a Guardian for Minor Children
If you have children under 18, deciding who will care for them if you’re gone is a crucial step when you make a Will in the ACT. By appointing a guardian, you allow a trusted individual to handle daily decisions about education, healthcare, and overall well-being.
While the law doesn’t force you to name a guardian, most parents see it as essential. If you don’t appoint one, the ACT Supreme Court may choose someone who doesn’t align with your personal wishes.
Consider naming a backup guardian if your first choice can’t serve. This extra planning ensures your children receive the care you envision, no matter what happens.
3. Name a Pet Carer
When you make a Will in the ACT, you can add instructions about caring for your pets. By choosing a dedicated pet carer, you ensure a trusted person will handle their day-to-day needs—such as food, vet bills, and general well-being.
Although the law doesn’t force you to name a pet carer, doing so gives you more control over your animals’ future. If you leave this decision open, your executor or the ACT Supreme Court might assign someone who doesn’t align with your preferences.
To protect against unexpected changes, consider naming a backup carer if your first choice can’t serve. This extra planning helps guarantee your pets remain safe and well-cared-for, no matter what happens.
4. Decide who inherits your Residual Estate
After you distribute specific gifts and settle any debts or taxes, the residual estate covers what remains. This part may include property, savings, or valuable items you haven’t assigned to anyone else.
- Name Your Beneficiaries: You can list one or more beneficiaries—family, friends, or charities. Provide each person’s full legal name and the share or percentage they receive.
- Appoint Backup Beneficiaries: If your first choices can’t inherit, alternates (contingent beneficiaries) ensure your assets still go where you want them.
5. Gifting Specific Items
If you own treasured items—such as family heirlooms, jewellery, artwork, or collectibles—you may want to leave them to specific people. To avoid disputes, list each item clearly in your Will (photos, serial numbers, or thorough descriptions help).
Before you make a Will in the ACT, create an asset inventory so you don’t overlook any valuables. This detailed list lets you specify exactly who receives each piece of property, ensuring your gifts go where you intend.
6. Any Additional Instructions or Provisions?
You can add optional clauses, like funeral preferences or instructions to sell certain assets. You might make a gift conditional or set up a trust until beneficiaries reach a specific age. By laying out these extra details when you make a Will in the ACT, you reduce ambiguity and help ensure your instructions are followed exactly as intended.
Review Your Will
Confirming Roles in Your Will
Before you finalise your Will in the ACT, check that each Executor, Guardian, and Pet Carer understands their responsibilities. This conversation reduces confusion and helps everyone prepare for their role.
It’s good practice to discuss these duties with everyone you nominate (and their backups) to avoid surprises later. By clarifying everyone’s role when you make a Will in the ACT, you ensure a smoother process for all involved.
Executors
Guardians
Pet Carers
Test Your Will
After drafting your Will, consider various “what if” situations. For example, what happens if a beneficiary dies first, or if a conditional gift isn’t fulfilled? Walking through these scenarios helps you detect—and fix—any gaps in your estate plan.
By testing potential outcomes before you finalise your Will in the ACT, you can adjust any areas that need clarity. This extra step ensures your final document matches your true intentions, even if circumstances change.
Signing Your Will
Keep Your Will Safe
The ACT doesn’t maintain a registry for living Wills, so you must protect the original signed document. Here are three common ways to store it when you make a Will in the ACT:
Store at Home
Keep your Will at home in a locked drawer, safe or fireproof box.
With an Attorney
If you worked with a lawyer, they may offer to store the original Will in a secure location for you.
Trusted Person
You can also leave the Will with a trusted person who knows its importance and will keep it safe from loss or damage.
While you can keep online copies for reference, only the original signed Will holds full legal weight in the ACT. Let your executor (and any backups) know exactly where the original document is stored. That way, they can access it quickly, avoiding legal or administrative delays if the Will is needed.
FAQs: Making a Will in the ACT
1. What Are My Options for Creating a Will in the ACT?
In the ACT, you have multiple options for making a Will:
- Use an Online Platform: For simpler estates, a service like Will Hero offers an affordable, convenient way to create a valid Will. Our visual interface walks you through each step to ensure you cover all essentials.
- Hire a Lawyer: Best if your estate is large, complex, or involves trusts and other specialised issues. A solicitor can offer personal legal guidance.
- Handwrite Your Will: As long as you follow ACT witnessing rules (see FAQ #3), a handwritten Will is still legally valid in the territory.
2. Do I Need a Lawyer to Make a Will in the ACT?
No, you can draft a Will on your own—online or handwritten—if your estate is simple and your wishes are clear. However, if you own complex assets or worry about trusts and tax planning, it’s wise to consult a legal professional in the ACT for added peace of mind.
3. Are Handwritten Wills Valid in the ACT?
Yes. Under the Wills Act 1968 (ACT), a handwritten Will is valid if you follow the proper witnessing procedure: the testator and two witnesses must sign together. If your Will doesn’t meet these formalities, the ACT Supreme Court might rely on its “dispensing power” to validate it, but that process can be unpredictable and costly.
To avoid issues, always use two independent witnesses—right from the start—whether your Will is typed or handwritten.
4. Is there Any Inheritance Tax in the ACT?
Australia, including the ACT, doesn’t charge inheritance or estate taxes (sometimes called “death duties”). However, capital gains tax (CGT) might apply if you sell an inherited property, shares, or other assets for a profit.
Inheriting assets on its own won’t trigger CGT, but large or intricate estates (especially those involving property or investments) can create additional tax obligations. If you’re unsure about CGT or other taxes, consult a qualified financial or legal adviser.
5. Do I Need to Notarise My Will in the ACT?
No. Under the Wills Act 1968 (ACT), you don’t need notarisation to create a valid Will. You simply need to follow the witnessing requirements—two witnesses must watch you sign, and they must sign in your presence. As long as you meet these rules, a notary public isn’t necessary.
6. Can I Change My Will After It’s Signed?
Absolutely. If you have testamentary capacity (sound mind), you can update your Will any time your circumstances shift. You usually have two main options:
- Add a Codicil: This legal amendment modifies your existing Will. You must sign and witness it the same way as the original.
- Draft a New Will: Write a fresh document that explicitly revokes all earlier Wills and codicils. After signing, destroy old copies to avoid confusion.
If your changes are significant—like creating a trust or making major bequests—seek advice from an ACT legal professional to ensure everything remains valid.
7. What Happens if I die without a Will?
If you pass away intestate (with no Will), ACT intestacy laws decide who inherits your estate. Typically, those laws give priority to your closest relatives. If you have no qualifying family, the territory may claim your property.
A court might also appoint a guardian for any minor children, which can conflict with your personal wishes. By taking time to make a Will in the ACT, you ensure that you, not the courts, choose who manages your estate and cares for your children.
8. What is Probate?
Probate is the legal procedure that confirms a Will’s validity and oversees the distribution of the estate. In the ACT, the Supreme Court (via its Probate Office) grants probate. If you leave a valid Will, your executor usually applies for a Grant of Probate. When no Will exists, the estate follows ACT intestacy rules. Here’s the general process:
- Filing the Will
- The executor lodges the Will with the ACT Supreme Court, along with a probate petition.
- If no Will exists, they file for intestate succession instead.
- Appointing an Executor or Administrator
- If the Will names an executor, that person manages the estate.
- If there’s no executor—or no Will at all—the court appoints an administrator.
- Inventory of Assets
- The executor identifies and values the deceased’s property, including bank accounts, investments, personal belongings, and outstanding debts.
- Paying Debts and Taxes
- Before distributing anything, the executor settles debts, taxes, and final bills (such as mortgages or credit cards).
- Distributing the Estate
- Once all expenses are paid, the executor allocates remaining assets to beneficiaries named in the Will.
- If no Will exists, the estate goes to heirs under ACT intestacy laws.
- Closing the Estate
- After fulfilling every obligation, the executor files a final petition to officially wrap up probate.
By creating a Will in the ACT, you choose an executor who carries out these steps for you. This approach helps ensure your estate transfers according to your wishes, rather than default legal rules.
9. How Long Does Probate Take?
Probate in the ACT can range from a few months to over a year, depending on:
- Estate Complexity: Multiple properties, business interests, or foreign assets can extend the process.
- Beneficiary Disputes: Contested Wills add court proceedings, which prolong probate.
- Court Schedules: The ACT Supreme Court’s timeline also affects how quickly your application moves.
Straightforward estates without disputes or missing paperwork may wrap up sooner—sometimes within a few months
10. Can Probate Be Avoided?
You can’t always skip probate, but you can reduce it by arranging some assets to pass outside your estate. Common approaches include:
- Joint Tenancy: Property held in joint names moves directly to the surviving co-owner(s).
- Beneficiary Nominations: Superannuation, life insurance, and certain accounts let you name recipients who inherit without probate.
- Family Trusts: Assets in a trust belong to the trust, not you, so they generally aren’t subject to probate.
If limiting probate is a priority when you make a Will in the ACT, talk to a legal adviser. Good planning saves your beneficiaries both time and money.
Ready to Start Making your Will?
For many, taking the first step is the hardest part. If you need help, try Will Hero? You can sign up for free and draft a Will visually. Clarify your wishes as you learn about Wills and estate planning with our guides and AI Assistant.
You can also test your Will under different scenarios using a free Scenario Testing account. Upgrade only if you want to review and download the written document. Will Hero aims to make Will creation more visual, interactive, and even fun—instead of difficult or daunting.
No matter how you choose to make your Will, start today and protect your loved ones and your legacy.
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
