How To Make a Will in Tasmania (2025 Guide)
A Step-By-Step Guide to Creating a Last Will and Testament In Tasmania
If you want to make a Will in Tasmania, the Wills Act 2008 (TAS) sets out the legal requirements. Anyone aged 18 or older who has testamentary capacity can draft a valid Will. This step-by-step guide will walk you through everything—from writing down your wishes to correctly witnessing and signing—so you can feel confident about your final decisions.
Why make a Will in Tasmania?
A Will is an essential legal document that explains how you’d like your property and assets—such as real estate, financial holdings, and personal belongings—distributed after your death. Importantly, it also lets you plan for your family’s future. For instance, you can name guardians for any minor children, ensuring their well-being if you’re no longer around.
If you die without a Will, your assets will be handled according to Tasmania’s intestacy rules. This process might not reflect your personal preferences, leaving your loved ones to navigate a more complicated situation. By creating a Will in Tasmania, you take control of what happens to your estate and help reduce stress on those you leave behind.
Legal Requirements to make a Valid Will in Tasmania
Under the Wills Act 2008 (TAS), certain conditions must be met for your Will to be valid. Failing to comply may render your Will invalid, which can delay or complicate probate. Here are the key points:
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, what assets you own, and who might have a claim on your estate. This is often referred to as having “sound mind.”
Put it in writing. Tasmania does not recognise oral Wills. Your Will must be written—either typed or handwritten—and signed by you in front of two witnesses.
Sign with Two Witnesses. The testator (the person making the Will) must sign in the presence of two witnesses at the same time. While the law does allow a beneficiary to act as a witness, doing so can lead to disputes or extra legal hurdles later.
By adhering to these requirements, you help ensure that your Will is both valid and enforceable. If you don’t follow them, Tasmanian courts could challenge or invalidate your Will, possibly leaving your estate subject to intestacy rules instead of your personal wishes.
Step-by-Step: How to Make a Will in Tasmania
1. Choose an Executor
When you make a Will in Tasmania, it’s vital to appoint an executor who will manage your estate after you pass away. Their responsibilities include distributing assets according to your wishes, paying off any debts, and handling key legal steps—such as applying for a Grant of Probate at the Supreme Court of Tasmania.
Selecting the right executor means finding an adult who is organised, dependable, and prepared to deal with financial and legal matters. People commonly choose a trusted family member, close friend, or a professional advisor.
It’s also smart to name a backup (alternate) executor in case your first choice can’t serve. This ensures your estate is looked after no matter what circumstances arise.
2. Name a Guardian for Minor Children
If you have children under 18, one of the most important steps when you make a Will in Tasmania is choosing who will look after them if you’re no longer around. By naming a guardian, you ensure that someone you trust can make everyday decisions about their education, healthcare, and general well-being.
Although appointing a guardian is technically optional, most parents consider it essential. If no guardian is named, a Tasmanian court may decide who takes on this role, which could conflict with your personal wishes.
It’s also wise to name a backup guardian if your first choice is unavailable or unwilling to serve. This extra layer of planning helps guarantee that your children receive the care you want them to have, no matter what happens.
3. Name a Pet Carer
If you have pets, you can include specific instructions about their care when you make a Will in Tasmania. By designating a pet carer, you ensure a trusted person will look after them, and you can also allocate funds for food, vet bills, and other essentials.
While naming a pet carer isn’t legally required, it’s a smart move if you want full control over your animals’ future. Without clear instructions, your executor or a Tasmanian court may decide who takes on this role—and that choice might not reflect your preferences.
For added security, consider naming a backup carer in case your first choice is unable or unwilling to serve. This extra planning step helps guarantee your furry companions remain safe and well-cared-for, no matter what happens.
4. Decide who inherits your Residual Estate
Once you’ve allocated specific gifts and settled debts or taxes, the remainder of your estate is called the residual estate. This might include property, savings, or valuables not covered elsewhere in your Will.
- Name Your Beneficiaries: You can choose one or multiple beneficiaries—family members, friends, or charities—to receive these assets. Be sure to specify each person’s full legal name and the exact share or percentage they should get.
- List Backup Beneficiaries: If your primary choices can’t inherit for any reason, naming alternate (contingent) beneficiaries ensures your assets still go where you want them.
5. Gifting Specific Items
If you have special belongings—such as family heirlooms, jewellery, artwork, collectibles or cash—you may want to leave them to specific individuals. Clearly identifying each item in your Will (including photos, serial numbers, or detailed descriptions) can prevent any disputes or misunderstandings.
Before you make a Will in Tasmania, it’s helpful to create an inventory of all your assets so you don’t forget any important possessions. That way, you can precisely outline who should receive which item, ensuring your gifts end up exactly 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 Tasmania, 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, make sure your chosen Executors, Guardians, and Pet Carers agree to their roles. Doing so prepares each person for their responsibilities and helps you avoid complications.
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 Tasmania, you ensure a smoother process for all involved.
Executors
Guardians
Pet Carers
Test Your Will
Once you’ve drafted your Will, take time to envision different scenarios—for instance, what happens if a key beneficiary passes away before you, or if certain conditions (like a conditional gift) are not met? By walking through these possibilities, you can spot any gaps or inconsistencies in your estate plan.
By testing these scenarios before you finalise your Will in Tasmania, you can make adjustments that ensure your final document reflects your true wishes, no matter how circumstances might change.
Signing Your Will
Keep Your Will Safe
Tasmania does not operate a registry for living Wills, so it’s up to you to safeguard the original. Below are three common storage methods to consider when you make a Will in Tasmania:
Store at Home
Keep your Will at home or entrust it to a reliable friend or family member. Ensure they understand how critical it is to safeguard the original document.
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 Tasmania. 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 Tasmania
1. What Are My Options for Creating a Will in Tasmania?
In Tasmania, you have a few ways to make 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: Ideal if your estate is large or complex, or if you want personalised legal guidance. Lawyers can assist with estate tax planning, trusts, and other specialised issues.
- Handwrite Your Will: As long as you meet the witnessing requirements (see FAQ #3), a handwritten Will can be legally valid in Tasmania.
2. Do I Need a Lawyer to Make a Will in Tasmania?
No, you don’t need to hire a lawyer to create a valid Will in Tasmania. If your estate is straightforward and your wishes are clear, you can draft a Will online or even handwrite one. However, if your estate is complex, or you have concerns about tax planning or trusts, consulting a legal professional provides extra peace of mind.
3. Are Handwritten Wills Valid in Tasmania?
Yes. When you make a Will in Tasmania, handwriting it is perfectly valid if you follow the correct steps. Under the Wills Act 2008 (TAS), the testator must sign any typed or handwritten Will in front of two witnesses who watch at the same time.
If a handwritten Will doesn’t meet these requirements, the Tasmania Supreme Court may use its “dispensing power” to declare it valid, but that route is uncertain and can be expensive. To avoid complications, use two independent witnesses from the outset—no matter how you create your Will.
4. Is there Any Inheritance Tax in Tasmania?
Australia, including Tasmania, doesn’t impose inheritance or estate taxes. These “death duties” were abolished decades ago. However, you may owe capital gains tax (CGT) if you sell an inherited asset at a profit.
Death itself doesn’t trigger tax automatically, but if you have complex assets—like property or investments—speak to a tax professional. This ensures you understand any potential CGT or other tax implications.
5. Do I Need to Notarise My Will in Tasmania?
No. Under Tasmanian law, a Will is valid without notarisation as long as you comply with the Wills Act 2008 (TAS). That means you only need to ensure two witnesses watch you sign, and they must also sign in your presence. A notary public is not required for your Will to be considered legally binding.
6. Can I Change My Will After It’s Signed?
Absolutely. As long as you have testamentary capacity (sound mind), you can revise your Will whenever your circumstances change. You generally have two main approaches:
- Add a Codicil: A codicil is a legal amendment to your existing Will. It must be signed and witnessed just like the original.
- Draft a New Will: This new document should explicitly revoke any earlier Wills and codicils. Once you sign it, it’s prudent to destroy old versions to avoid confusion.
If your changes are significant—such as setting up a trust or altering major bequests—consult a Tasmanian legal professional to ensure the updates are valid.
7. What Happens if I die without a Will?
Dying intestate (without a Will) in Tasmania means your estate is distributed according to the state’s intestacy laws. Usually, that gives priority to your closest relatives. If no qualifying family members exist, the state may claim your assets.
Additionally, if you have minor children, a Tasmanian court may have to appoint a guardian, which could go against your personal preferences. By taking the time to make a Will in Tasmania, you ensure you—not the courts—decide how your estate is handled and who cares for your children.
8. What is Probate?
Probate is the legal process that begins after someone dies. It verifies a Will’s validity and ensures the estate is distributed according to that Will—or, if no Will exists, under Tasmania intestacy law.
In Tasmania, the Supreme Court (through its Probate Office) grants probate. Typically, the executor applies for a Grant of Probate. The process usually involves:
Filing the Will
The executor files the Will with the Supreme Court of Tasmania, along with a petition to open probate. If no Will exists, they submit a petition for intestate succession.Appointing an Executor
If a valid Will names an executor, that person manages the estate. If the Will lacks an executor—or if there’s no Will—the court appoints an administrator.Inventory of Assets
The executor identifies and values the deceased’s property—like bank accounts, investments, personal belongings, and debts.Paying Debts and Taxes
Before distributing the estate, the executor settles all debts, taxes, and expenses (e.g., mortgages, credit card bills, medical costs).Distributing the Estate
Once everything is paid, the executor distributes the remaining assets to the beneficiaries named in the Will. If no Will exists, the estate goes to heirs under Tasmania’s intestacy rules.Closing the Estate
After meeting all obligations, the executor files a final petition to close the probate process.
When you make a Will in Tasmania, you choose an executor who typically manages these steps on your behalf.
9. How Long Does Probate Take?
Probate in Tasmania typically spans a few months to over a year, depending on factors like:
- Estate Complexity: Multiple properties, businesses, or foreign assets can prolong the process.
- Beneficiary Disputes: Contested Wills often lead to court proceedings, extending the timeline.
- Court Schedules: The speed at which the Tasmanian Supreme Court processes your application also plays a role.
In straightforward cases, where there are no disputes or missing paperwork, probate may conclude more quickly—sometimes within a few months.
10. Can Probate Be Avoided?
While you can’t always completely avoid probate, you can minimise it by structuring some assets so they pass outside your estate. Common strategies include:
- Joint Tenancy: If you own real estate as joint tenants, the surviving co-owner automatically receives the property.
- Beneficiary Nominations: Superannuation, life insurance, and certain bank accounts let you name direct beneficiaries to bypass probate.
- Family Trusts: If you transfer assets into a trust, the trust owns them—not you—so those assets generally don’t go through probate.
If minimising probate is a priority when you make a Will in Tasmania, consult a qualified legal advisor. Proper planning can save 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.
