Wills and estate planning in Tasmania

• Wills Act 2008 (Tas) (TAS)

  The principal Act. Section 8 sets out how a will must be executed, section 10 is the dispensing power for informal wills (the Court must be satisfied beyond reasonable doubt), section 11 says a person who cannot see and attest the signing cannot be a witness, section 12 makes a gift to an attesting witness void unless an exception applies, section 16 deals with the effect of marriage or registering a deed of relationship and section 17 with divorce or the revocation of a deed of relationship. Part 3 lets the Supreme Court, and in limited cases TASCAT, authorise a will for a person who lacks testamentary capacity.

• Powers of Attorney Act 2000 (Tas) (TAS)

  Governs general and enduring powers of attorney. Section 9 sets the signing rules (for an enduring power, two witnesses who are not parties to it or close relatives of a party and who witness it in each other's presence), section 16 says nothing an attorney does under a power of attorney has legal effect unless the power was first registered with the Recorder of Titles, section 30 requires each attorney to sign an acceptance, and section 33 lets TASCAT review an enduring power of attorney.

• Guardianship and Administration Act 1995 (Tas) (TAS)

  Provides for appointing an enduring guardian (Part 5), whose appointment must be registered with TASCAT to be effective, for advance care directives (Part 5A, in force since 21 November 2022), and for TASCAT to appoint a guardian or administrator where needed. Amendments in force from 1 September 2024 introduced the test of impaired decision-making ability and updated how guardians, including enduring guardians appointed earlier, must make decisions. The Public Guardian can investigate concerns about a guardian or attorney.

• Administration and Probate Act 1935 (Tas) (TAS)

  Deals with grants of probate and letters of administration and the duties of executors and administrators. Its old intestacy provisions (Part V) were repealed by the Intestacy Act 2010 (Tas), which now decides who inherits when there is no will.

• Intestacy Act 2010 (Tas) (TAS)

  Decides who inherits when a person dies without a valid will: the spouse's entitlement (including a statutory legacy indexed to inflation), the rules where there is more than one spouse, and the order in which children, parents, siblings, grandparents, aunts and uncles inherit.

• Testator's Family Maintenance Act 1912 (Tas) (TAS)

  Allows a spouse (including a significant relationship partner), children (including stepchildren), parents where there is no spouse or child, and a former spouse or partner who was receiving or entitled to receive maintenance to apply to the Supreme Court for provision out of an estate. Section 11 sets a time limit of 3 months from the grant of probate or letters of administration.

• Superannuation Industry (Supervision) Act 1993 (Cth) (CTH)

  Commonwealth law governing superannuation death benefits. It applies in Tasmania and controls who a fund can pay a death benefit to and what makes a binding nomination effective.

• Supreme Court of Tasmania, Probate Registry

  Grants probate and letters of administration through its Probate Registry, and hears applications to admit informal wills under section 10 of the Wills Act 2008 (Tas), applications for court-authorised wills for people who lack testamentary capacity, and Testator's Family Maintenance Act claims.

• Tasmanian Civil and Administrative Tribunal, Guardianship Stream

  Registers enduring guardianship appointments (an appointment is not effective until registered), can register advance care directives, appoints guardians and administrators for adults with impaired decision-making ability, reviews enduring powers of attorney, and can make a statutory will for a person who lacks testamentary capacity and has never made a will.

• Public Trustee (Tasmania)

  Prepares wills, enduring powers of attorney and enduring guardianships for a fee, stores free of charge the estate planning documents it prepares, acts as executor and administrator of deceased estates, and can be appointed to manage the financial affairs of people who cannot manage them.

• Land Titles Office, Recorder of Titles

  Registers powers of attorney and revocations. Nothing an attorney does under a Tasmanian power of attorney has legal effect until the power is registered with the Recorder of Titles. From 1 July 2026 the fee to lodge a power of attorney is $177.38, and the fee to lodge a revocation is $138.18.

1. 01List your assets and how they are held

   Record real property and whether it is held as joint tenants or tenants in common, bank accounts, shares, superannuation and insurance held inside super, business and trust interests and overseas assets. Not everything you own passes under your will: superannuation does not automatically form part of your estate, and property you own jointly with someone else may pass to the surviving owner.

   Typical timeframe: 1-2 weeks

2. 02Choose your executor and decide the structure

   Decide who administers the estate, who inherits, what happens if a beneficiary dies before you, and whether a testamentary trust is warranted. Consider who could claim under the Testator's Family Maintenance Act 1912 (Tas).

   Typical timeframe: 1-2 weeks

3. 03Draft the will and the enduring documents

   Prepare the will together with an enduring power of attorney under the Powers of Attorney Act 2000 (Tas) and an instrument appointing an enduring guardian under the Guardianship and Administration Act 1995 (Tas). You can also make an advance care directive setting out your future health care wishes.

   Typical timeframe: 1-3 weeks

4. 04Execute the will

   Sign the will in the presence of two witnesses who are present at the same time, and have at least two of them sign it in your presence. Use independent adult witnesses who are not beneficiaries or their spouses, because under section 12 a gift to a witness is generally void. The Wills Act 2008 (Tas) has no procedure for witnessing a will by video link, so sign in person.

   Typical timeframe: 1 day

5. 05Sign and register the enduring power of attorney

   Complete Form 3 (particular powers) or Form 4 (general powers) and sign it in front of two adult witnesses who are not parties to it or close relatives of a party and who watch you sign in each other's presence. Each attorney signs the acceptance, which does not need a witness. Lodge the original with a Lodgement Form, a signed Form 5 Registration Application and the fee ($177.38 from 1 July 2026) at the Land Titles Office. The original is returned by post once registered, or you can collect it.

   Typical timeframe: Depends on Land Titles Office processing

6. 06Appoint an enduring guardian

   Complete TASCAT's instrument appointing an enduring guardian and sign it in front of two witnesses who are not parties or close family members of a party, who witness it in your presence and each other's. Each guardian signs an acceptance and a declaration about any advance care directive you have made. Lodge it with TASCAT's registration cover sheet and the fee ($88.20 from 1 July 2026, or attach a fee waiver application), either in person at a Service Tasmania shop or with TASCAT in person or by post. It is not effective until registered.

   Typical timeframe: Depends on TASCAT processing

7. 07Refresh your superannuation nomination

   Confirm what nomination types your fund allows and lodge a new one. A lapsing binding nomination expires after three years unless you confirm or renew it, and some funds offer non-lapsing nominations instead.

   Typical timeframe: Depends on your fund

8. 08Store the originals and review

   Keep the signed original will somewhere safe, such as with your lawyer, the Public Trustee (free storage applies to documents it prepares) or bank safe custody, keep the registered power of attorney and enduring guardianship with it, and tell your executor where they are. Review at least every three to five years or after any major change such as marriage, registering a deed of relationship, separation or divorce.

   Typical timeframe: Every 3-5 years

Estate planning documents are usually prepared for a fee. The Public Trustee publishes its fees for preparing a will, an enduring power of attorney and an enduring guardianship, and prepares a standard will and enduring power of attorney free for Seniors and pensioner concession card holders who appoint it as executor and attorney. Government fees are separate. From 1 July 2026, lodging a power of attorney with the Land Titles Office costs $177.38 (lodging a revocation costs $138.18) and registering an enduring guardianship with TASCAT costs $88.20, and you can apply to TASCAT to waive its fee. Probate fees are published by the Supreme Court and depend on the gross value of the Tasmanian estate: from 1 July 2026 the fee for a grant ranges from $548.80 for estates under $50,000 to $2,338.28 for estates of $5 million or more. If the Public Trustee administers an estate as executor, it charges fees for that work, so ask for its fee schedule first. Informal will applications and Testator's Family Maintenance Act claims are Supreme Court proceedings, and in a family maintenance claim the Court can make any order about costs it thinks fit. Ask for a written costs estimate before engaging anyone.