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A Step by Step Guide for creating a legally valid Will in Tasmania (including online wills).
Quick Overview
To make a Will in Tasmania, you must be over 18, of sound mind, and sign a written document before two witnesses. The Will must meet the Wills Act 2008 (TAS) requirements to be legally valid.
If you want to make a Will in Tasmania, the Wills Act 2008 (TAS) sets out the legal requirements. Anyone aged 18 or older who has testamentary capacity can draft a valid Will. This step-by-step guide will walk you through everything—from writing down your wishes to correctly witnessing and signing—so you can feel confident about your final decisions.
Why you need a Will in Tasmania?
A Will is an essential legal document that explains how you’d like your property and assets—such as real estate, financial holdings, and personal belongings—distributed after your death. Importantly, it also lets you plan for your family’s future. For instance, you can name guardians for any minor children, ensuring their well-being if you’re no longer around.
If you die without a Will, your assets will be handled according to Tasmania’s intestacy rules. This process might not reflect your personal preferences, leaving your loved ones to navigate a more complicated situation. By creating a Will in Tasmania, you take control of what happens to your estate and help reduce stress on those you leave behind.
Legal Requirements to make a Valid Will in Tasmania
Under the Wills Act 2008 (TAS), certain conditions must be met for your Will to be valid. Failing to comply may render your Will invalid, which can delay or complicate probate. Here are the key points:
Tasmania 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 obtain permission from the court.
Have testamentary capacity
You must understand what a Will is, know your assets, and recognise who might have a claim on your estate.
Put it in writing
Tasmania does not recognise oral Wills. Your Will must be written—either typed or handwritten—and signed by you in front of two witnesses.
Sign with Two Witnesses
The testator (the person making the Will) must sign in the presence of two witnesses at the same time. While the law does allow a beneficiary to act as a witness, doing so can lead to disputes or extra legal hurdles later.
By adhering to these requirements, you help ensure that your Will is both valid and enforceable. If you don’t follow them, Tasmanian courts could challenge or invalidate your Will, possibly leaving your estate subject to intestacy rules instead of your personal wishes.
Step-by-Step: How to Make a Will in Tasmania
1. Choose an Executor
When you make a Will in Tasmania, it’s vital to appoint an executor who will manage your estate after you pass away. Their responsibilities include distributing assets according to your wishes, paying off any debts, and handling key legal steps—such as applying for a Grant of Probate at the Supreme Court of Tasmania.Selecting the right executor means finding an adult who is organised, dependable, and prepared to deal with financial and legal matters. People commonly choose a trusted family member, close friend, or a professional advisor.
It’s also smart to name a backup (alternate) executor in case your first choice can’t serve. This ensures your estate is looked after no matter what circumstances arise.
2. Name a Guardian for Minor Children
If you have children under 18, one of the most important steps when you make a Will in Tasmania is choosing who will look after them if you’re no longer around. By naming a guardian, you ensure that someone you trust can make everyday decisions about their education, healthcare, and general well-being.Although appointing a guardian is technically optional, most parents consider it essential. If no guardian is named, a Tasmanian court may decide who takes on this role, which could conflict with your personal wishes. It’s also wise to name a backup guardian if your first choice is unavailable or unwilling to serve. This extra layer of planning helps guarantee that your children receive the care you want them to have, no matter what happens.
3. Name a Pet Carer
If you have pets, you can include specific instructions about their care when you make a Will in Tasmania. By designating a pet carer, you ensure a trusted person will look after them, and you can also allocate funds for food, vet bills, and other essentials. This way, your furry companions stay safe and well-cared-for according to your wishes. For more guidance on choosing the right pet carer, see our 5 Things to Consider when choosing a pet guardian.While naming a pet carer isn’t legally required, it’s a smart move if you want full control over your animals’ future. Without clear instructions, your executor or a Tasmanian court may decide who takes on this role—and that choice might not reflect your preferences. For added security, consider naming a backup carer in case your first choice is unable or unwilling to serve. This extra planning step helps guarantee your furry companions remain safe and well-cared-for, no matter what happens.
4. Decide who inherits your Residual Estate
Once you’ve allocated specific gifts and settled debts or taxes, the remainder of your estate is called the residual estate. This might include property, savings, or valuables not covered elsewhere in your Will.- Name Your Beneficiaries: You can choose one or multiple beneficiaries—family members, friends, or charities—to receive these assets. Be sure to specify each person’s full legal name and the exact share or percentage they should get.
- List Backup Beneficiaries: If your primary choices can’t inherit for any reason, naming alternate (contingent) beneficiaries ensures 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 have special belongings—such as family heirlooms, jewellery, artwork, collectibles or cash—you may want to leave them to specific individuals. Clearly identifying each item in your Will (including photos, serial numbers, or detailed descriptions) can prevent any disputes or misunderstandings.Before you make a Will in Tasmania, it’s helpful to create an inventory of all your assets so you don’t forget any important possessions. That way, you can precisely outline who should receive which item, ensuring your gifts end up exactly 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 Tasmania, 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, make sure your chosen Executors, Guardians, and Pet Carers agree to their roles. Doing so prepares each person for their responsibilities and helps you avoid complications.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 Tasmania, 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
Once you’ve drafted your Will, take time to envision different scenarios—for instance, what happens if a key beneficiary passes away before you, or if certain conditions (like a conditional gift) are not met? By walking through these possibilities, you can spot any gaps or inconsistencies in your estate plan.By testing these scenarios before you finalise your Will in Tasmania, you can make adjustments that ensure your final document reflects your true wishes, no matter how circumstances might change. Learn more about how our review process works to ensure your will is complete and accurate.
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 Tasmania, 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 Tasmania’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 Tasmania. 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 Tasmania?
If you use any Online Will platform in Tasmania to make your Will, it is essential that your Will is printed and signed according to these instructions. Having a Will online in Tasmania 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
After you’ve completed and signed your Will, the final step is to keep the original document safe and accessible. In Tasmania, only the physically signed copy holds legal weight—digital or scanned versions do not. Losing or damaging this crucial document could create extra challenges for your Executor and beneficiaries later on. For more detailed information about will storage, read our guide on Where is the Safest Place to Store Your Will.No Official Will Registry for Living People: Tasmania does not operate a registry for Wills made by living people, so it’s up to you to safeguard the original. Below are three common storage methods to consider when you make a Will in Tasmania:
Store at Home
Keep your Will at home, ideally in a safe or a locked filing cabinet. Ensure your Executor knows where to find your Will.
With an Attorney
If you used a lawyer’s services to make a Will in Tasmania, they might offer to store the original document for you in a secure facility. This option can add peace of mind, knowing your Will is protected by professionals who understand local legal requirements.
Trusted Person
If you have a close friend or family member outside your household, you can leave the Will with them. Ensure they know how critical it is to keep the document safe from loss or damage and can produce it when needed.
While you can keep online copies for reference, only the original signed Will holds full legal weight in Tasmania. 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 Tasmania
Ready to Create Online Wills in Tasmania?
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 TAS). 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 Tasmania. 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 TAS
Don’t put off creating your Will any longer. With Will Hero, making an online will in Tasmania 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 TAS 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 TAS local laws.View our FAQ.
Scenario Testing
See how different circumstances such as people passing away before you impact your estate.
Legally Valid in Tasmania
Designed for Tasmanian State-specific laws with instructions to make your Will legally valid in Tasmania.
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Please note: Wills created in Australia must meet the formal requirements set out in their respective state or territory (including Tasmania). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
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Ready to secure your legacy and protect your loved ones? Start creating your online wills in Tasmania 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.
