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

General information, not legal advice. This guide is our best interpretation of Tasmanian 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 Tasmania: who can make one, how it must be signed and witnessed, what can cancel it, and what happens after you die.

Quick Answer

In Tasmania, wills are governed by the Wills Act 2008 (Tas). A will must be in writing, signed by you, and witnessed by two witnesses who are present together when you sign (s8). The Act has no procedure for witnessing a will by video, so plan to sign in person. A gift to someone who witnesses your will is generally void unless an exception applies (s12). Marriage, or registering a deed of relationship, generally cancels an existing will unless it was made with that in mind (s16), and divorce or revoking a registered deed of relationship generally cancels gifts to your former partner (s17).

Who can make a will in Tasmania

You generally need to be 18 or over: the Act says a will made by a minor is not valid (Wills Act 2008 (Tas) s7). The main exceptions are that a minor can make a will in contemplation of marriage (it has no effect if that marriage does not take place), and a minor who is married can make, change or revoke a will (s7(2)). The Supreme Court can also authorise a minor to make a will in specific terms, and one of the witnesses must then be the Court's Registrar (s20).

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 Tasmania

Section 8 of the Wills Act 2008 (Tas) sets out the formal requirements:

1. In writing. Printed or handwritten.
2. Signed by you, or by someone else in your presence and at your direction, with the intention of executing the will.
3. Two witnesses present at the same time when you sign, or when you acknowledge your signature. A person who is unable to see and attest that you signed cannot act as a witness (s11). The Act sets no minimum age, but it is best to use adults who could later explain what happened.
4. At least two witnesses sign in your presence. They do not need to sign in front of each other (s8), and they do not even need to know that the document is a will (s9).

Good practice: sign at the end of the will, 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 2008 (Tas) has no procedure for witnessing a will over an audio-visual link, and Tasmania's electronic transactions law expressly does not apply to making or revoking a will (Electronic Transactions Regulations 2021 (Tas) r4, r5). Sign in person, with both witnesses in the room, or get legal advice first.

Who should witness

Choose two independent adults: not beneficiaries, and not their partners. Under section 12, a gift to a person who witnesses your will is generally void as to that person. The gift survives without a court order only if more than two people witnessed the will and at least two of them are not beneficiaries or the spouses of beneficiaries, or if everyone who would benefit directly from the gift failing consents in writing (and has the capacity to consent). Otherwise the witness must apply to the Supreme Court to keep the gift, generally within 6 months after the grant of probate (s13, s14). Relying on these exceptions adds cost and uncertainty.

If something goes wrong

If a will was not signed or witnessed correctly, the Supreme Court can still treat a document as your will, but only if it is satisfied beyond reasonable doubt that you intended it to be your will (s10). This is a court process, it takes time and money, and it is not guaranteed. It is far better to 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. An executor can also be a beneficiary. In Tasmania the Supreme Court may allow the people administering an estate a commission for their work that is just and reasonable, not exceeding 5 per cent (Administration and Probate Act 1935 (Tas) s64). Commission is not automatic: it is for the Court to allow.

Guardians for children under 18

You can name a guardian in your will for children under 18: Tasmanian law allows a parent to appoint a guardian by will (Guardianship and Custody of Infants Act 1934 (Tas) s4, s6). 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. Talk to the person first, and consider a backup.

What can cancel or change your will

• Marriage generally revokes your will, and so does registering a deed of relationship under the Relationships Act 2003 (Tas), whether for a significant or a caring relationship (s16). The main exceptions are a will made in contemplation of that marriage or registration, a will that says it is made in contemplation of marriage or registration generally, and gifts to or appointments of the person you are married to, or in a registered relationship with, when you die. Make a new will when you do either.
• Divorce or annulment, or the revocation of a registered deed of relationship, generally revokes gifts to your former partner and their appointment as executor, trustee or guardian, unless a contrary intention appears in the will or can otherwise be established (s17). The will then takes effect as if your former partner had died before you.
• Separation on its own does not change your will, and s17 does not refer to the end of a significant relationship that was never registered, so update your will yourself.
• A later will, or a signed and witnessed document declaring that you revoke it (s15).
• Destroying the will with the intention of revoking it (s15).

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 Tasmania

Your executor usually applies to the Supreme Court of Tasmania for a grant of probate, which confirms the will and lets them deal with your assets. At least 14 days before filing the application, the applicant must have a notice of intention published on the Court's website, and the Court or Registrar can require further notice (Probate Rules 2017 (Tas) r33).

Some people can apply for provision out of your estate if they were left without adequate provision for their proper maintenance and support (Testator's Family Maintenance Act 1912 (Tas) s3). Eligible people are your spouse (including a partner in a significant relationship), your children (including adopted children, stepchildren and surrogate children), your parents if you leave no spouse or children, and a former spouse or former partner who was receiving, or entitled to receive, maintenance from you when you died (s2, s3A). An application generally must be started within three months after the grant of probate or letters of administration (s11(1)). The court can extend that time, but only if asked before the estate is finally distributed (s11(2) to (4)).

If you die without a will in Tasmania

If you die without a valid will, your estate passes under the Intestacy Act 2010 (Tas). A spouse includes a husband or wife, a registered partner, and a partner in a significant relationship that had lasted at least two continuous years or had resulted in the birth of a child (s6). If you leave a spouse and no children or other descendants, or descendants who are all also your spouse's, your spouse generally takes the whole estate (s12, s13). If you leave any descendants who are not your spouse's, your spouse generally receives your personal effects, a statutory legacy (a fixed amount adjusted for inflation) and one half of the rest, and your children share the remainder, with the children of a child who died before you taking that child's share (s7, s14, s28). Different rules apply if you leave more than one spouse. These rules may not match what you would have chosen.

Making your will with WillBuddy

WillBuddy asks plain-English questions, one at a time, and drafts a will designed to meet Tasmania's requirements. Once you unlock printing, you print it and sign it in person with two independent witnesses 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 2008 (Tas)
• Testator's Family Maintenance Act 1912 (Tas)
• Intestacy Act 2010 (Tas)
• Administration and Probate Act 1935 (Tas)
• Probate Rules 2017 (Tas)
• Electronic Transactions Regulations 2021 (Tas)
• Guardianship and Custody of Infants Act 1934 (Tas)