45 Cameron Street, Launceston Tasmania

Phone: (03) 6332 9353

/uploads/blogging/featured/feature-wills.jpg

Tasmanian Wills

In order to make a valid Tasmanian Will the requirements of the Wills Act 2008 (Tas) must be complied with. This Act governs the ‘making, alteration, rectification, construction and revocation of wills’.

For a Will to be valid in Tasmania it must:

  • be in writing, typed or handwritten;
  • signed by the person making the Will, or by another person in the presence of and under their direction;
  • there must be at least two other witnesses present at the time of signing by the Will maker, and at least two witnesses must also sign the will in the presence of the Will maker; and
  • the witnesses do not need to know what is in the Will.

Your Tasmanian Will must:

  • be dated, signed and witnessed;
  • appoint an executor;
  • sell or transfer all property after settling the debts of the estate; and
  • make adequate provision for all relevant people such as dependent family.

The questions that need to be asked when executing a Will are:

  • Has the Will maker read and understood the Will? Do the contents reflect their wishes?
  • Are there two independent (ie they are not the spouse of the Will maker or a beneficiary under the Will) witnesses?
  • Have the witnesses seen the Will maker sign the Will?
  • Have the witnesses signed the Will as witnesses in the presence of the Will maker?

Wills are intended to deal with property, however they can include requests for funeral arrangements, disposal of your body, arrangements for surviving dependent children can also be specified. 

To ensure that your Tasmanian Will is valid it is important to have it prepared by a lawyer. Whilst Will kits are inexpensive they can, if ambiguous or incorrectly completed, result in legal costs that substantially exceed any savings made.

To discuss how we can help you with preparing your Will, please contact us on 03 6332 9353.

Latest News