In Tasmania, you have a few 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 Tasmania. Our visual interface walks you through each step to ensure you cover all essentials.

• Hire a Lawyer: Ideal for larger or more complex estates, or if you need professional advice on trusts, tax planning, or other specialised issues.

• Handwrite Your Will: As long as you follow TAS's witnessing rules (see FAQ #3), a handwritten Will can be legally valid in Tasmania.

No, you don’t need to hire a lawyer to create a valid Will in Tasmania. If your estate is straightforward and your wishes are clear, you can draft a Will online or even handwrite one. However, if your estate is complex, or you have concerns about tax planning or trusts, consulting a legal professional provides extra peace of mind.

Yes. When you make a Will in Tasmania, handwriting it is perfectly valid if you follow the correct steps. Under the Wills Act 2008 (TAS), the testator must sign any typed or handwritten Will in front of two witnesses who watch at the same time. If a handwritten Will doesn’t meet these requirements, the Tasmania Supreme Court may use its “dispensing power” to declare it valid, but that route is uncertain and can be expensive. To avoid complications, use two independent witnesses from the outset—no matter how you create your Will.

Australia, including Tasmania, doesn’t impose inheritance or estate taxes. These “death duties” were abolished decades ago. However, you may owe capital gains tax (CGT) if you sell an inherited asset at a profit.

Death itself doesn’t trigger tax automatically, but if you have complex assets—like property or investments—speak to a tax professional. This ensures you understand any potential CGT or other tax implications.

No. Under Tasmanian law, a Will is valid without notarisation as long as you comply with the Wills Act 2008 (TAS). That means you only need to ensure two witnesses watch you sign, and they must also sign in your presence. A notary public is not required for your Will to be considered legally binding.

Yes. As long as you have testamentary capacity (sound mind), you can revise your Will whenever your circumstances change. You generally have two main approaches:

• 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.

Dying intestate (without a Will) in Tasmania means your estate is distributed according to the state’s intestacy laws. Usually, that gives priority to your closest relatives. If no qualifying family members exist, the state may claim your assets.

Additionally, if you have minor children, a Tasmanian court may have to appoint a guardian, which could go against your personal preferences. By taking the time to make a Will in Tasmania, you ensure you—not the courts—decide how your estate is handled and who cares for your children.

Probate is the legal process that begins after someone dies. It verifies a Will’s validity and ensures the estate is distributed according to that Will—or, if no Will exists, under Tasmania intestacy law.

In Tasmania, the Supreme Court (through its Probate Office) grants probate. Typically, the executor applies for a Grant of Probate. The process usually involves:

1. Filing the Will The executor files the Will with the Supreme Court of Tasmania, along with a petition to open probate. If no Will exists, they submit a petition for intestate succession.

2. Appointing an Executor If a valid Will names an executor, that person manages the estate. Otherwise, the court appoints an administrator to fulfill the same responsibilities.

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

4. Paying Debts and Taxes Before distributing the estate, the executor settles all debts, taxes, and expenses (like mortgages or medical bills).

5. Distributing the Estate Once everything is paid, the executor distributes the remaining assets to the beneficiaries named in the Will. If no Will exists, the estate goes to heirs under Tasmania’s intestacy rules.

6. Closing the Estate After meeting all obligations, the executor files a final petition to close probate.

When you make a Will in Tasmania, you choose an executor who typically manages these steps on your behalf.

Probate in Tasmania typically spans a few months to over a year, depending on factors like:

• Estate Complexity: Multiple properties, businesses, or foreign assets can prolong the process.

• Beneficiary Disputes:: Contested Wills often lead to court proceedings, extending the timeline.

• Court Schedules:: The speed at which the Tasmanian Supreme Court processes your application also plays a role.

In straightforward cases, where there are no disputes or missing paperwork, probate may conclude more quickly—sometimes within a few months.

While you can’t always completely avoid probate, you can minimise it by structuring some assets so they pass outside your estate. Common strategies include:

• Joint Tenancy/Ownership (Right of Survivorship): If you own real estate as joint tenants, the surviving co-owner automatically receives the property.

• 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 minimising probate is a priority when you make a Will in Tasmania, consult a qualified legal advisor. Proper planning can save your beneficiaries both time and money.