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A Step by Step Guide for creating a legally valid Will in ACT (including online wills).
Quick Overview
To make a Will in the ACT, you must be over 18, of sound mind, and sign a written document before two witnesses. The Will must meet the Wills Act 1968 (ACT) requirements to be legally valid.
If you plan to make a Will in the ACT, the Wills Act 1968 (ACT) outlines every legal requirement. Anyone 18 or older with testamentary capacity can create a valid Will under this Act. In this guide, you’ll learn each step—from recording your final wishes to signing with proper witnesses—so you feel confident about your choices.
Why you need a Will in the ACT?
A Will lets you decide how to distribute your property and assets, such as real estate, financial accounts, and personal belongings, after you pass away. It also helps you plan for your family’s future. For instance, you can name guardians for any minor children, giving them the security they need if you’re no longer around.
If you die without a Will, ACT intestacy rules determine who inherits your estate. That process may not match your preferences, and it can increase stress for your loved ones. By creating a Will in the ACT, you keep control of how your estate is managed and reduce complications for those you leave behind.
Legal Requirements to make a Valid Will in the ACT
Under the Wills Act 1968 (ACT), you must meet certain conditions for your Will to stand as valid. Ignoring these rules can delay or complicate probate and may even invalidate your Will. Here are the essentials:
ACT Will Requirements
18+ years old (exceptions apply if married or court-granted permission)
Testamentary capacity (sound mind)
In writing (typed or handwritten)
Signed by the testator in front of two witnesses
You must be at least 18 years old
Exceptions apply if you’re married or if a court grants permission.
Have testamentary capacity
You need to understand what a Will is, which assets you own, and who might have a claim on your estate. This is often called having “sound mind.”
Put it in writing
The ACT does not recognise oral Wills. You must produce a written document—typed or handwritten—and sign it with the correct witnesses.
Sign with Two Witnesses
The testator (the person making the Will) must sign in front of two witnesses, both watching at the same time. While beneficiaries can serve as witnesses, that choice may cause extra scrutiny or disputes.
By fulfilling these requirements, you help ensure your Will is valid and enforceable. If you fail to follow them, the courts might challenge or invalidate your Will, leaving your estate subject to ACT intestacy rules instead of your personal intentions.
ACT-Specific Legal Considerations
Important ACT Differences
Territory vs State: The ACT is a territory, not a state, which means some legal processes may differ slightly from state jurisdictions.
Court Structure: The ACT Supreme Court handles probate matters, and the territory has its own unique legal framework under the Wills Act 1968 (ACT).
Intestacy Rules: ACT intestacy laws have specific provisions that may differ from state laws, particularly regarding the distribution of assets.
Step-by-Step: How to Make a Will In The ACT
1. Choose an Executor
When you make a Will in the ACT, you should select an executor who will handle your estate after you pass away. This person pays debts, distributes assets according to your wishes, and applies for a Grant of Probate at the ACT Supreme Court if needed.Choose at least 1 Executor who is a well organised adult, dependable, and comfortable dealing with financial and legal matters. Many people pick a trusted family member, close friend, or professional adviser.
It’s also wise to name a backup (alternate) executor in case your first choice can’t serve. That way, your estate remains in capable hands regardless of changing circumstances.
2. Name a Guardian for Minor Children
If you have children under 18, deciding who will care for them if you’re gone is a crucial step when you make a Will in the ACT. By appointing a guardian, you allow a trusted individual to handle daily decisions about education, healthcare, and overall well-being.While the law doesn’t force you to name a guardian, most parents see it as essential. If you don’t appoint one, the ACT Supreme Court may choose someone who doesn’t align with your personal wishes.
Consider naming a backup guardian if your first choice can’t serve. This extra planning ensures your children receive the care you envision, no matter what happens.
3. Name a Pet Carer
When you make a Will in the ACT, you can add instructions about caring for your pets. By choosing a dedicated pet carer, you ensure a trusted person will handle their day-to-day needs—such as food, vet bills, and general well-being. For more guidance on choosing the right pet carer, see our 5 Things to Consider when choosing a pet guardian.Although the law doesn’t force you to name a pet carer, doing so gives you more control over your animals’ future. If you leave this decision open, your executor or the ACT Supreme Court might assign someone who doesn’t align with your preferences. To protect against unexpected changes, consider naming a backup carer if your first choice can’t serve. This extra planning helps guarantee your pets remain safe and well-cared-for, no matter what happens.
4. Decide who inherits your Residual Estate
After you distribute specific gifts and settle any debts or taxes, the residual estate covers what remains. This part may include property, savings, or valuable items you haven’t assigned to anyone else.- Name Your Beneficiaries: You can list one or more beneficiaries—family, friends, or charities. Provide each person’s full legal name and the share or percentage they receive.
- Appoint Backup Beneficiaries: If your first choices can’t inherit, alternates (contingent beneficiaries) ensure your assets still go where you want them. Learn more about why backup beneficiaries are essential in your Will.
5. Gifting Specific Items
If you own treasured items—such as family heirlooms, jewellery, artwork, or collectibles—you may want to leave them to specific people. To avoid disputes, list each item clearly in your Will (photos, serial numbers, or thorough descriptions help). Before you make a Will in the ACT, create an asset inventory so you don’t overlook any valuables. This detailed list lets you specify exactly who receives each piece of property, ensuring your gifts go where you intend.
6. Any Additional Instructions or Provisions?
You can add optional clauses, like funeral preferences or instructions to sell certain assets. You might make a gift conditional or set up a trust until beneficiaries reach a specific age. By laying out these extra details when you make a Will in the ACT, you reduce ambiguity and help ensure your instructions are followed exactly as intended.
Review Your Will
Confirming Roles in Your Will
Before you finalise your Will in the ACT, check that each Executor, Guardian, and Pet Carer understands their responsibilities. This conversation reduces confusion and helps everyone prepare for their role.It’s good practice to discuss these duties with everyone you nominate (and their backups) to avoid surprises later. By clarifying everyone’s role when you make a Will in the ACT, you ensure a smoother process for all involved.
Executors
Manage your estate and distribute assets according to your wishes after you pass away.
Guardians
Care for your minor children and make decisions about their upbringing and well-being.
Pet Carers
Look after your pets and ensure they receive proper care and attention.
Test Your Will
After drafting your Will, consider various “what if” situations. For example, what happens if a beneficiary dies first, or if a conditional gift isn’t fulfilled? Walking through these scenarios helps you detect—and fix—any gaps in your estate plan. By testing potential outcomes before you finalise your Will in the ACT, you can adjust any areas that need clarity. This extra step ensures your final document matches your true intentions, even if circumstances change. This extra step ensures your plan accounts for every possibility.Signing Your Will
Signing Your Will In Front of Witnesses
After you draft your Will, print and sign it as the next crucial step. When you make a Will in ACT, follow these rules to ensure validity:Witness Requirements
- Have at least two witnesses watch you sign the Will simultaneously.
- They must be 18 or older and understand they’re witnessing your signature.
- Although the ACT’s law allows a beneficiary to witness, doing so may add extra legal steps—so it’s best to use disinterested witnesses.
Once you sign, both witnesses must also sign, confirming they saw you and that you appeared to have capacity (sound mind).
Is Notarisation Required?
You don’t need a notary for Wills in Australia, including the ACT. As long as your Will meets the witness requirements, the Court accepts it as valid without a seal or stamp.
What about Online Wills in the ACT?
If you use any Online Will platform in the ACT to make your Will, it is essential that your Will is printed and signed according to these instructions. Having a Will online in the ACT that has NOT been printed and signed will not be considered valid.
Action: Print your Will and sign it with two witnesses present at the same time. Both witnesses must watch you sign and then sign in your presence.
Storing Your Will
Keep Your Will Safe
The ACT doesn’t maintain a registry for Wills made by living people, so you must protect the original signed document. For more detailed information about will storage, read our guide on Where is the Safest Place to Store Your Will.Here are three common ways to store it when you make a Will in the ACT:
Store at Home
Keep your Will at home in a locked drawer, safe or fireproof box. Ensure your Executor knows where to find your Will.
With an Attorney
If you worked with a lawyer, they may offer to store the original Will in a secure location for you.
Trusted Person
You can also leave the Will with a trusted person who knows its importance and will keep it safe from loss or damage.
While you can keep online copies for reference, only the original signed Will holds full legal weight in the ACT. Let your executor (and any backups) know exactly where the original document is stored. That way, they can access it quickly, avoiding legal or administrative delays if the Will is needed.
FAQs: Making A Will In The ACT
Ready to Create Online Wills in the ACT?
For many, taking the first step is the hardest part. Whether you make a will using a lawyer, or make a will online, the process of making that Will legally valid is the same. Wills created in Australia must meet the formal requirements set out in their respective state or territory (including the ACT). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
If you need help, why not try Will Hero? You can sign up for free and draft a Will visually. Clarify your wishes as you learn about Wills and estate planning with our guides and AI Assistant. See how our step-by-step process works to understand what’s involved.
We’re making it easier than ever to create your very own online wills in the ACT. You can also test your Will under different scenarios using a free Scenario Testing account. Upgrade only if you want to review the written document. Will Hero aims to make Will creation more visual, interactive, and even fun—instead of difficult or daunting.
Will Hero helps you prepare a legal will online that is easy to print and complete according to Australian requirements. Our digital will service prepares your Will for delivery or download.
Will Hero helps you make Online Wills in the ACT
Don’t put off creating your Will any longer. With Will Hero, making an online will in the ACT is simple, affordable and stress-free. Sign up for your free account and pay when you are happy you have created the Will you want. Start protecting your loved ones and assets with a legally valid digital Will tailored to your needs.
Visual Approach
Make online wills for the ACT using visualisations to help you see and understand how your Will works.Learn how it works.
AI Assistance
24/7 help to guide you and answer any questions about Wills, estate planning and The ACT local laws.View our FAQ.
Scenario Testing
See how different circumstances such as people passing away before you impact your estate.
Legally Valid in the ACT
Designed for ACT’s Territory-specific laws with instructions to make your Will legally valid.
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Drafted by Lawyers. Personalised by you. You can even make more than just a simple Will online.
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Please note: Wills created in Australia must meet the formal requirements set out in their respective state or territory (including the ACT). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
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Read more →5 Things To Consider When Choosing a Pet Guardian
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Read more →How It Works
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Learn how our will creation process works →Will Hero Pricing
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View pricing →Frequently Asked Questions
Get answers to common questions about making a will in the ACT, legal requirements, and our online will service.
View FAQ →The Best Way to Make Online Wills in the ACT
Ready to secure your legacy and protect your loved ones? Start creating your online wills in the ACT today. Our free trial allows you to experience the process firsthand before committing!
Follow the links and start creating a will in a matter of minutes, or call us on 1800 136 069 if you have any questions. We’ll be more than happy to help!
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
