In the ACT, you have several ways to make a Will:

• Use an Online Platform: For simpler estates, a service like "Will Hero" offers an affordable, convenient way to create a valid Will online in the ACT. Our visual interface walks you through each step to ensure you cover all essentials.

• Hire a Lawyer: Ideal if your estate is large or complex, or if you want personalised legal guidance. Lawyers can assist with estate tax planning, trusts, and other specialised issues.

• Handwrite Your Will: As long as you meet the witnessing requirements (see FAQ #3), a handwritten Will can be legally valid in the ACT.

No. You don’t have to hire a lawyer to create a valid Will in the ACT. If your affairs are straightforward and your wishes are clear, an online or handwritten Will often suffices. However, if your estate is complex or you’re worried about tax planning or trusts, consulting a legal professional can provide extra peace of mind.

Yes. Under the Wills Act 1968 (ACT), a handwritten Will is valid if you follow the proper witnessing procedure: the testator and two witnesses must sign together. If your Will doesn’t meet these formalities, the ACT Supreme Court might rely on its “dispensing power” to validate it, but that process can be unpredictable and costly.

To avoid issues, always use two independent witnesses—right from the start—whether your Will is typed or handwritten.

Australia, including the ACT, doesn’t charge inheritance or estate taxes (sometimes called “death duties”). However, capital gains tax (CGT) might apply if you sell an inherited property, shares, or other assets for a profit.

Inheriting assets on its own won’t trigger CGT, but large or intricate estates (especially those involving property or investments) can create additional tax obligations. If you’re unsure about CGT or other taxes, consult a qualified financial or legal adviser.

No. Under the Wills Act 1968 (ACT), you don’t need notarisation to create a valid Will. You simply need to follow the witnessing requirements—two witnesses must watch you sign, and they must sign in your presence. As long as you meet these rules, a notary public isn’t necessary.

Absolutely. If you have testamentary capacity (sound mind), you can update your Will any time your circumstances shift. You usually have two main options:

• Add a Codicil: A codicil acts as a legal amendment to your existing will. Sign and witness it just like the original.
• Create a New Will: Draft a new will that replaces your old one, and clearly state that it revokes all prior wills and codicils. After signing, destroy every copy of the old will to avoid confusion or disputes.

If your changes are significant—like creating a trust or making major bequests—seek advice from an ACT legal professional to ensure everything remains valid.

If you pass away intestate (with no Will), ACT intestacy laws decide who inherits your estate. Typically, those laws give priority to your closest relatives. If you have no qualifying family, the territory may claim your property.

A court might also appoint a guardian for any minor children, which can conflict with your personal wishes. By taking time to make a Will in the ACT, you ensure that you, not the courts, choose who manages your estate and cares for your children.

Probate is the legal procedure that confirms a Will’s validity and oversees the distribution of the estate. In the ACT, the Supreme Court (via its Probate Office) grants probate. If you leave a valid Will, your executor usually applies for a Grant of Probate. When no Will exists, the estate follows ACT intestacy rules. Here’s the general process:

1. Filing the Will The executor lodges the Will with the ACT Supreme Court, along with a probate petition. If no Will exists, they file for intestate succession instead.

2. Appointing an Executor If the Will names an executor, that person manages the estate. If there’s no executor—or no Will at all—the court appoints an administrator.

3. Inventory of Assets The executor identifies and values the deceased’s property, including bank accounts, investments, personal belongings, and outstanding debts.

4. Paying Debts and Taxes Before distributing anything, the executor settles debts, taxes, and final bills (such as mortgages or credit cards).

5. Distributing the Estate Once all expenses are paid, the executor allocates remaining assets to beneficiaries named in the Will. If no Will exists, the estate goes to heirs under ACT intestacy laws.

6. Closing the Estate After fulfilling every obligation, the executor files a final petition to officially wrap up probate.

By creating a Will in the ACT, you choose an executor who carries out these steps for you. This approach helps ensure your estate transfers according to your wishes, rather than default legal rules.

Probate in the ACT can range from a few months to over a year, depending on:

• Estate Complexity: Multiple properties, business interests, or foreign assets can extend the process.
• Beneficiary Disputes: Contested Wills add court proceedings, which prolong probate.
• Court Schedules: The ACT Supreme Court’s timeline also affects how quickly your application moves.

Straightforward estates without disputes or missing paperwork may wrap up sooner—sometimes within a few months

You can't always skip probate, but you can reduce it by arranging some assets to pass outside your estate. Common approaches include:

• Joint Tenancy/Ownership (Right of Survivorship): Property held in joint tenancy automatically passes to the surviving owner.

• Beneficiary Designations: Superannuation (retirement) and life insurance policies often bypass the estate if you name beneficiaries.

• Family Trusts: A family trust lets you transfer asset ownership into the trust while you're alive. The trust holds these assets during your lifetime, then transfers them to your chosen beneficiaries after death. Because the trust, not you, owns the assets, they don't require probate. Make sure you move items (real estate, bank accounts, investments) into the trust correctly to benefit from this arrangement.

If limiting probate is a priority when you make a Will in the ACT, talk to a legal adviser. Good planning saves your beneficiaries both time and money.

The ACT operates under territory law rather than state law, which creates some key differences:

• Legal Framework: The ACT uses the Wills Act 1968 (ACT) rather than state succession acts
• Court System: The ACT Supreme Court handles probate matters, with territory-specific procedures
• Intestacy Rules: ACT intestacy laws have unique provisions for asset distribution
• Administrative Processes: Some legal processes may have different requirements or timelines

While the core will-making process is similar across Australia, these territory-specific differences can affect how your will is interpreted and executed. This is why it's important to ensure your will complies with ACT law specifically.