Making a Will in Australian Capital Territory
Everything you need to know about creating a Will in ACT under the Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT) — legally valid when properly executed.
Quick Facts — ACT
Legislation
Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Witnesses Cannot Be
Beneficiaries or their partners
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 automatically revokes an existing Will in the ACT under section 20 of the Wills Act 1968 (ACT). The contemplation-of-marriage exception applies only where the Will expressly states it was made in contemplation of that marriage (a civil union or civil partnership has the same effect). Always make a new Will after marriage.
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 revokes a Will; the contemplation-of-marriage exception must be expressly stated in the Will
- Smaller jurisdiction with accessible court system
- Family Provision Act includes persons maintained by the deceased
- Strong recognition of domestic partnerships
After You Sign It in ACT
The paper stays still
You print your Will and sign it in front of two independent adult witnesses who aren't beneficiaries. That signed original is the document that counts — so you also record where you keep it.
Everything around it stays living
How to reach the people you've named, the documents and account details your executor will need, your funeral wishes — all editable online, with every change on the record. When the time comes, the people named in your Will are told.
How to Create Your Will in ACT
Sign Up
Create your ezyWill account to start building your Will.
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?
Yes. Under section 20 of the Wills Act 1968 (ACT), marriage automatically revokes your existing Will. The only exception is where the Will expressly states it was made in contemplation of that marriage. A civil union or civil partnership has the same effect. You should make a new Will after marriage 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 it cost to make a Will in the ACT?
ezyWill has one plan, $99/year, and it includes unlimited updates, the full Digital Vault and estate planning tools. You can answer the questions and preview how your Will reads before you pay; downloading it — the document you print, sign and have witnessed — requires the paid plan. The Will is legally valid when properly executed.
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