Making a Will in Tasmania
Everything you need to know about creating a legally valid Will in TAS under the Wills Act 2008 (Tas).
Quick Facts — TAS
Legislation
Wills Act 2008 (Tas)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Solicitor Cost
$400–$1,000
Will Requirements in TAS
Under the Wills Act 2008 (Tas), a Will is legally valid in Tasmania when the following requirements are met:
Witnessing Rules in TAS
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 unless made in contemplation of that specific marriage.
Effect of Divorce
Divorce revokes appointments and gifts to the former spouse. The remainder of the Will stays valid.
Informal Wills in TAS
Section 10 of the Wills Act 2008 allows the court to dispense with execution requirements if satisfied the document represents 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 TAS
Claims can be made under the Testator's Family Maintenance Act 1912. Eligible claimants include spouses, children, and dependants.
Unique Considerations for TAS
- The Wills Act 2008 is one of the most recently updated in Australia
- Clear provisions for electronic Wills in certain circumstances
- Comprehensive definition of testamentary capacity
- Shortest family provision claim deadline (3 months from probate)
Cost of Making a Will in TAS
Traditional Solicitor
$400–$1,000
One-off, per revision
ezyWill
$99/year
Unlimited updates included
How to Create Your Will in TAS
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 2008 (Tas).
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 TAS. Both witnesses must also sign.
Frequently Asked Questions — TAS
Is an online Will legally valid in Tasmania?
Yes. Under the Wills Act 2008, a Will is valid in Tasmania when it is in writing, signed by the testator, and witnessed by two independent adults who sign in the testator's presence. The Wills Act 2008 is one of Australia's most modern pieces of succession legislation.
Does Tasmania allow electronic Wills?
Tasmania's Wills Act 2008 includes some of the most progressive provisions in Australia regarding non-traditional Will formats. While a standard witnessed Will is always recommended, the Act has clearer provisions for electronic documents than many other states.
What is the time limit to contest a Will in Tasmania?
Tasmania has the shortest family provision claim deadline in Australia. Under the Testator's Family Maintenance Act 1912, claims must be made within just 3 months from the grant of probate. This is significantly shorter than the 6–12 months allowed in other states.
What happens if I die without a Will in Tasmania?
If you die intestate in Tasmania, the Intestacy Act 2010 governs distribution. Your spouse generally receives the majority of the estate. If there are children from another relationship, the estate is divided between spouse and children according to a statutory formula.
Does marriage cancel my Will in Tasmania?
Yes. Marriage automatically revokes your existing Will in Tasmania unless the Will was specifically made in contemplation of that marriage. You should create a new Will after getting married.
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