How to Make a Will in the ACT: Requirements, Witnesses and What Happens Next

General information, not legal advice. This guide is our best interpretation of Australian Capital Territory law as at October 2026. WillBuddy is not a law firm, and it never replaces advice from a lawyer or solicitor. If your situation is complex, or you are unsure about anything here, please get legal advice.

This guide explains how to make a valid will if you live in the Australian Capital Territory: who can make one, how to sign and witness it, what can cancel it, and what happens after you die.

Quick Answer

In the ACT, wills are governed by the Wills Act 1968 (ACT). A will must be in writing, signed at the end by you, and witnessed by two witnesses present at the same time, who each sign in your presence and in front of each other (s9). There is no procedure for witnessing a will by video. Marriage, a civil union or a civil partnership generally cancels an existing will unless the will says it was made in contemplation of it (s20), and divorce generally cancels gifts to your former spouse (s20A).

Who can make a will in the ACT

You generally need to be 18 or over: the Act says a will made by a child is not valid (Wills Act 1968 (ACT) s8), and a child is someone under 18. The main exceptions are a person under 18 who is or has been married or in a civil union, a will made in contemplation of a marriage or civil union (it becomes valid when that takes place), and a will in specific terms authorised by the Supreme Court (s8, s8A).

You also need testamentary capacity: you understand that you are making a will, what you own, who might expect to benefit, and the effect of your choices. If there is any doubt about capacity, for example because of illness, a lawyer and a doctor's assessment at the time of signing can help protect the will.

How to sign and witness a will in the ACT

Section 9 of the Wills Act 1968 (ACT) sets out the formal requirements:

1. In writing. Printed or handwritten.
2. Signed at the foot or end by you, or by someone else in your presence and at your direction. Your signature does not give effect to anything written below or after it, or added after you sign (s10(3)).
3. Two witnesses present at the same time when you sign, or when you acknowledge your signature.
4. At least two witnesses sign in your presence and in the presence of each other. Keep everyone in the room until all three have signed.

The Act sets no minimum age for witnesses, but adults can later explain what happened. Good practice: initial each page, and have the witnesses write their names and addresses. Keep the original somewhere safe and tell your executor where it is.

Witnessing by video

The Wills Act 1968 (ACT) has no procedure for witnessing a will over an audio-visual link. A temporary COVID-19 law allowed it, but that provision expired in December 2022. Sign in person, with both witnesses in the room, or get legal advice first.

Who should witness

In the ACT, a will or a gift in it is not void just because a beneficiary, or a beneficiary's domestic partner, witnessed it (s15). Even so, choose two independent adults: not beneficiaries, and not their partners.

If something goes wrong

If a will was not signed or witnessed correctly, the Supreme Court can still treat a document as your will if it is satisfied you intended it to be your will (s11A). This court process takes time and money and is not guaranteed, so sign correctly in the first place.

Choosing an executor

Your executor carries out your will: they apply for probate, collect your assets, pay debts and distribute what is left. Choose someone you trust, and name a backup in case they cannot act. In the ACT the Supreme Court may allow an executor the commission or percentage for their services that is just (Administration and Probate Act 1929 (ACT) s70). The section sets no fixed percentage, and a will can also deal with executor pay.

Guardians for children under 18

You can name a guardian in your will for children under 18. If one parent dies, the surviving parent usually keeps parental responsibility under the Family Law Act 1975 (Cth). Your choice matters most if neither parent can care for your children. A court can make orders in the child's best interests if anyone disputes it. Talk to the person first, and consider a backup.

What can cancel or change your will

• Marriage, a civil union or a civil partnership generally revokes your will (s20). The exception is a will expressed to have been made in contemplation of that marriage, civil union or civil partnership. A gift the will says is made in contemplation of marrying (or entering into a civil union or civil partnership with) a particular person survives that marriage, and the rest of the will generally survives too unless a contrary intention appears (s20(3)). Make a new will when you marry.
• Divorce or annulment, or the end of a civil union or civil partnership, generally revokes gifts to your former partner and their appointment as executor, trustee or guardian, and the property passes as if they had died before you (s20A). The gift survives if the Supreme Court is satisfied you did not intend to revoke it (s20A(2)).
• Separation, or the end of any other domestic partnership, does not trigger s20A: update your will yourself.
• A later will that revokes it, or a document signed and witnessed like a will that shows you intend to revoke it (s21).
• Burning, tearing or otherwise destroying the will with the intention of revoking it (s21).

Review your will after any major life change: marriage, separation, a new child, a death in the family, or buying or selling significant assets.

After you die: probate in the ACT

Your executor usually applies to the Supreme Court of the ACT for a grant of probate, which confirms the will and lets them deal with your assets. They must first publish a notice of intention to apply on the ACT Supreme Court website, at least 14 days and no more than 3 months before the application is made (Court Procedures Rules 2006 (ACT) r3006).

Some people can make a family provision application if adequate provision is not available for their proper maintenance, education or advancement in life (Family Provision Act 1969 (ACT) s8). Eligible people include your partner (including a current or former spouse, civil union partner or civil partner, a domestic partner of at least two continuous years at any time, or a domestic partner who is the parent of your child), someone else in a domestic relationship with you for two or more years continuously, your children, and in some circumstances your stepchildren, grandchildren and parents (s7). An application generally must be made within six months after probate or administration is granted (s9). The court can extend that time, but not after the estate has been lawfully and fully distributed.

If you die without a will in the ACT

If you die without a valid will, your estate passes under Part 3A and Schedule 6 of the Administration and Probate Act 1929 (ACT). Your partner includes your spouse, civil union partner or civil partner at your death, and a domestic partner at your death who had been your domestic partner for at least two continuous years or is the parent of your child under 18 (s44). If you leave a partner and no children or other descendants, your partner generally takes the whole estate. If you leave a partner and descendants, your partner generally takes your personal chattels (s49A) and the whole estate if it is worth $200,000 or less (after debts and expenses, not counting personal chattels, s49). Otherwise your partner receives $200,000 plus interest at 8% a year, and one half of the rest (if only one child, or the descendants of only one child, survive you) or one third (otherwise), and your descendants share the balance (Schedule 6). These rules may not match what you would have chosen, which is the main reason to make a will.

Making your will with WillBuddy

WillBuddy asks plain-English questions, one at a time, and drafts a will designed to meet the ACT's requirements. Once you unlock printing, you print it and sign it in person with two independent witnesses present at the same time, who each then sign in front of you and of each other, as described above; WillBuddy shows you how. A will must be signed and witnessed correctly to be formally valid, and WillBuddy cannot promise that any will is valid. WillBuddy is not a law firm and does not give legal advice, so if you are unsure about anything, or your situation involves a family trust, a business, or someone you plan to leave out, please get legal advice.

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Sources

• Wills Act 1968 (ACT)
• Family Provision Act 1969 (ACT)
• Administration and Probate Act 1929 (ACT)
• Court Procedures Rules 2006 (ACT)