Making a Will in Australian Capital Territory
Everything you need to know about creating a legally valid Will in ACT under the Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT).
Quick Facts — ACT
Legislation
Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT)
Witnesses Required
2 independent adults
Marriage Revokes Will?
No
Solicitor Cost
$500–$1,200
Will Requirements in ACT
Under the Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT), a Will is legally valid in Australian Capital Territory when the following requirements are met:
Witnessing Rules in ACT
Two independent adult witnesses must be present together when the testator signs. Both witnesses must sign in the presence of the testator. Witnesses should not be beneficiaries.
Marriage & Divorce Effects on Your Will
Effect of Marriage
Marriage does NOT automatically revoke a Will in the ACT. Like South Australia, the ACT is unique in this regard. However, you should still update your Will after marriage to reflect your changed circumstances.
Effect of Divorce
Divorce revokes gifts and appointments to the former spouse. The remainder of the Will stays valid.
Informal Wills in ACT
Section 11A of the Wills Act 1968 allows the court to admit informal documents as a Will if satisfied they represent the deceased's testamentary intentions.
While informal Wills may be recognised in certain circumstances, relying on one is risky. A properly executed Will avoids uncertainty and potential legal costs for your loved ones.
Family Provision Claims in ACT
Eligible claimants under the Family Provision Act 1969 include spouses, children, parents, and persons who were wholly or partly maintained by the deceased.
Unique Considerations for ACT
- Marriage does NOT automatically revoke your Will — like South Australia
- Smaller jurisdiction with accessible court system
- Family Provision Act includes persons maintained by the deceased
- Strong recognition of domestic partnerships
Cost of Making a Will in ACT
Traditional Solicitor
$500–$1,200
One-off, per revision
ezyWill
$99/year
Unlimited updates included
How to Create Your Will in ACT
Sign Up Free
Create your free ezyWill account. No credit card required.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT).
Download Your Will
Review your professionally formatted Will and download the PDF.
Sign with Witnesses
Sign your Will in the presence of two independent adult witnesses in ACT. Both witnesses must also sign.
Frequently Asked Questions — ACT
Is an online Will legally valid in the ACT?
Yes. Under the Wills Act 1968, a Will is valid in the ACT when it is in writing, signed by the testator, and witnessed by two independent adults. The method of creation does not affect validity, provided the Will is properly executed.
Does marriage cancel my Will in the ACT?
No. The ACT is one of only two Australian jurisdictions (along with South Australia) where marriage does NOT automatically revoke your Will. Your pre-marriage Will continues to be valid. However, you should still update it to ensure your spouse is provided for.
What happens if I die without a Will in the ACT?
If you die intestate in the ACT, the Administration and Probate Act 1929 governs distribution. Your spouse and children have priority in the distribution hierarchy. If there is no spouse or children, assets pass to parents, then siblings, and so on.
Who can contest a Will in the ACT?
Under the Family Provision Act 1969, eligible claimants include spouses, children, parents, and persons who were wholly or partly maintained by the deceased. Claims must be made within 6 months from the grant of probate.
How much does a solicitor charge for a Will in the ACT?
A solicitor in the ACT typically charges $500–$1,200 for a simple Will. With ezyWill, you can create a legally valid Will for $99/year, which includes unlimited updates, Digital Vault access, and estate planning tools.
Create Your ACT Will Today
Join thousands of Australians in Australian Capital Territory who have secured their family's future with ezyWill. It takes just 20 minutes.
Get Started Free