Will Kits in the ACT: Signing and Witnessing Rules

If you're making a will in Canberra with a kit written for another state, check one detail before you sign. The ACT's Wills Act 1968 says your witnesses must sign in your presence and in each other's presence. Most other Acts we read only require the witnesses to sign in front of you. This page explains the ACT rules and the local options, all checked on 30 October 2026.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

ACT will rules at a glance

We read republication R22 of the Wills Act 1968, effective 23 February 2026, on the ACT Legislation Register.

What makes an ACT will valid

Section 9 of the Wills Act 1968 says a will is not valid unless:

• it is in writing
• it is signed at the foot or end by you, or by another person in your presence and at your direction
• your signature is made or acknowledged in the presence of 2 or more witnesses present at the same time
• 2 or more of those witnesses each attest and sign the will in your presence and in the presence of the other witness or witnesses

No particular attestation wording is required. Section 10 relaxes the "foot or end" rule a little: a will isn't invalid only because of where the signature sits, if it is apparent you meant the signature to give effect to the will. Still, sign at the end.

Step by step: signing a kit will in the ACT

1. Complete the kit and read it carefully. Don't sign yet.
2. Choose two adult witnesses who aren't beneficiaries and aren't related to a beneficiary.
3. Get all three of you in the same room at the same time.
4. Sign at the end of the will while both witnesses watch.
5. Witness one signs while you and witness two watch. Witness two signs while you and witness one watch.
6. Use one pen for all signatures. The ACT Public Trustee and Guardian's FAQs say one pen should be used to avoid questions of validity.
7. Store the original safely. The PTG runs a Will Register (see below).

Beneficiary witnesses: the Act and the PTG advice

Section 15 of the Wills Act 1968 says no will or provision of a will is void only because it was witnessed by a person, or the domestic partner of a person, who has or may acquire an interest under it.

The ACT Public Trustee and Guardian's FAQs take a more cautious line. They say that a beneficiary who witnesses your will "may be excluded from benefiting under your Will", and that any two people together at the same time who are not beneficiaries or related to beneficiaries are valid witnesses.

We report both because they read differently, and we can't tell you which applies to your situation. The safe course is the same either way: use two independent adult witnesses. If a beneficiary has already witnessed a will, ask a lawyer. Our who can witness a will table compares every state.

Is a will kit legal in the ACT?

Yes, a kit will can be valid in the ACT if it meets section 9 and you had capacity. The PTG's FAQs also say a handwritten will is valid if it complies with the requirements. The ACT's stricter signing rule is the main trap for kits sold nationally, so check the kit's signing instructions against section 9. See our guide to whether a will kit is legal.

Marriage, civil union and termination

Marriage, civil union or civil partnership. Section 20 says that if you marry or enter a civil union or civil partnership after making a will, the will is revoked, unless it was expressed to be made in contemplation of that marriage, union or partnership.

Termination. Section 20A says that when your marriage, civil union or civil partnership is terminated, gifts to your former spouse or partner and powers of appointment given to them are revoked, subject to exceptions. Make a new will after any of these changes. See our guide to updating a will.

Who can make a will in the ACT

Section 8 says a will made by a child is not valid, subject to the Act. A child who is or has been married or in a civil union can make and revoke a valid will. The PTG's FAQs say you must be 18 to make a will.

Making a will through the ACT Public Trustee and Guardian

The PTG's making a will page says it does not prepare wills or enduring powers of attorney in house. Instead it lists two routes.

Online services. It says Safewill, Willed and Gathered Here offer online standard wills, suited to people who need a simple will and are comfortable making it online. We describe each in online wills in Australia.

Discounted wills for low-means clients. Two Canberra law firms charge under the Public Trustee and Guardian (Fees) Determination 2026 for clients referred by the PTG who meet the eligibility rules. The capped fees listed on 30 October 2026:

The page says the firms charge $351 an hour for non-complex wills, and the Fees Determination includes $538 an hour for complex wills and a maximum drafting fee of $2,704. Eligibility covers people whose main income is a social security benefit such as the Age Pension or Disability Support Pension, health care card holders, and people under set income and asset limits listed on the page.

Will Register. You can deposit a will in the PTG's Will Register for a one-off fee of $228, where the will doesn't appoint the PTG as executor. Other fees may apply later for searches, certified copies and withdrawal.

Enduring power of attorney in the ACT

The PTG's guide The Power to Choose, dated February 2026, says an enduring power of attorney needs two adult witnesses who sign in each other's presence. One must be authorised to witness statutory declarations, and only one can be a relative of the principal or the attorney. See our power of attorney guide.

If you die without a will in the ACT

The PTG's FAQs say that if you leave no spouse or children and have no next of kin as far as cousins or their children, the ACT Government is entitled to your estate. Our guide to dying without a will explains how intestacy works in general.

Frequently asked questions

Do witnesses have to sign in front of each other in the ACT?

Yes. Section 9 of the Wills Act 1968 says the witnesses sign in your presence and in the presence of the other witness or witnesses.

Can a beneficiary witness a will in Canberra?

Section 15 says the will isn't void for that reason alone, but the ACT Public Trustee and Guardian says the beneficiary may be excluded. Use independent witnesses.

Does the ACT Public Trustee write wills?

No. The PTG says it doesn't prepare wills or EPAs in house. It points to online services and to law firms with capped fees for eligible clients.

How much does it cost to store a will with the ACT PTG?

A one-off fee of $228 to deposit a will in the Will Register, according to the PTG on 30 October 2026.

Is a handwritten will valid in the ACT?

The PTG's FAQs say a handwritten will is valid if it complies with the requirements in section 9.

Does marriage cancel a will in the ACT?

Yes, under section 20, unless the will was expressed to be made in contemplation of that marriage, civil union or civil partnership.