Will Kits in Tasmania: Signing and Witnessing Rules

Tasmania is one of the states where using the wrong witness can cost a beneficiary their gift. The Wills Act 2008 voids a gift to a person who witnessed the will, unless one of a short list of exceptions applies. For anyone filling in a kit at the kitchen table with family around, that is the rule to get right. This page sets it out with the other Tasmanian requirements, 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.

Tasmanian will rules at a glance

We read the in-force authorised version of the Wills Act 2008 on the Tasmanian legislation website.

What makes a Tasmanian will valid

Section 8 of the Wills Act 2008 says a will is not valid unless:

• it is in writing and signed by you, or by someone else in your presence and at your direction
• the signature is made or acknowledged by you in the presence of 2 or more witnesses present at the same time
• at least 2 of those witnesses attest and sign the will in your presence, though not necessarily in each other's presence

The section also says your signature must be made with the intention of executing the will, but it doesn't have to be at the foot of the will, and a will doesn't need an attestation clause. Section 9 says the witnesses don't need to know the document is a will.

The beneficiary witness rule in Tasmania

Section 12 says that where a will gives a beneficial gift to a person who witnesses it, the gift is void as far as it concerns that person. The will itself still stands. The gift survives only if:

• more than 2 people witnessed the will and at least 2 of them aren't beneficiaries or the spouses of beneficiaries, or
• everyone who would benefit from the gift failing consents in writing, and all have legal capacity to do so

Section 13 lets the affected witness apply to the Supreme Court for an order that they are entitled despite section 12. The application can be made before probate but, unless the court extends the time, not more than 6 months after the grant. Section 14 says the court may make the order if it is satisfied you knew and approved of the gift and it wasn't the result of fraud, duress or undue influence.

Tasmania Legal Aid's making a will page puts the practical rule simply: the witnesses cannot be a beneficiary of the will or your spouse, or they will lose their entitlements under it. Use two independent adults.

Step by step: signing a kit will in Tasmania

1. Complete the kit and read it through. Don't sign yet.
2. Arrange two adult witnesses who receive nothing under the will and aren't your spouse or a beneficiary's spouse.
3. With both witnesses present, sign the will.
4. Each witness signs while you watch.
5. Don't alter the will after signing. If your wishes change, make a new will.
6. Store the original safely and tell your executor where it is.

Is a will kit legal in Tasmania?

A kit will can be valid in Tasmania if it meets section 8 and you had capacity. Tasmania Legal Aid notes that the formal requirements must be strictly adhered to, and recommends having your will prepared by a lawyer or trustee company.

If a will doesn't meet the formal requirements, section 10 lets the Supreme Court treat a document as a will if it is satisfied beyond reasonable doubt that the person intended it to be their will. That is a court process after death, not a plan. Our guide to whether a will kit is legal covers the conditions in every state.

Marriage, deeds of relationship and divorce

Marriage. Section 16 says a will is revoked by your marriage, or by registering a deed of relationship under Part 2 of the Relationships Act 2003. The section lists exceptions. Tasmania Legal Aid summarises it: your will is automatically revoked unless you made it in contemplation of that marriage.

Divorce. Section 17 says the ending of your marriage, or the revocation of a registered deed of relationship, revokes gifts to your spouse, their appointment as executor, trustee, advisory trustee or guardian, and any power of appointment in their favour. Tasmania Legal Aid says the parts of your will that relate to your ex-spouse may be invalid after divorce.

See our guide to updating a will for when to make a new will.

Choosing executors

Tasmania Legal Aid suggests naming two executors, in case one dies or no longer wants to act, and says it is preferable to choose someone close to you, trustworthy and of a similar age. If no executor is named, the Supreme Court appoints an administrator. Our guide to being an executor explains the role.

Public Trustee Tasmania will fees

The Public Trustee's wills fees page listed these charges on 30 October 2026:

See how much a will costs for prices across Australia.

Enduring power of attorney in Tasmania

Tasmania's Office of the Public Guardian page on enduring powers of attorney, updated 9 July 2024, says an enduring power of attorney must be completed and registered through the Land Titles Office, and a fee is payable. The Public Trustee's will fees above include an enduring power of attorney. See our power of attorney guide.

Who can make a will in Tasmania

Section 7 says a will made by a minor is not valid. Exceptions let a minor make a will in contemplation of marriage, which has no effect if the marriage doesn't take place, and let a married minor make, alter or revoke a will. The Act also lets the court authorise wills in some cases.

If you die without a will in Tasmania

If there is no valid will, Tasmanian law decides who inherits, and the people who get your estate may not be the people you would choose. Our guide to dying without a will explains the general approach and links official sources.

Frequently asked questions

How many witnesses does a will need in Tasmania?

Two or more, present at the same time when you sign or acknowledge your signature, under section 8 of the Wills Act 2008.

Can a beneficiary witness a will in Tasmania?

They can sign, but under section 12 their gift is void unless more than 2 people witnessed and 2 were independent, or the affected people consent in writing. A court application is the last resort.

Can my spouse witness my will in Tasmania?

Tasmania Legal Aid says the witnesses can't be your spouse or a beneficiary, or they lose their entitlements. Use independent witnesses.

How much does the Public Trustee charge for a will in Tasmania?

$140 for one person or $210 for a couple, including an enduring power of attorney, according to its fees page on 30 October 2026.

Does divorce cancel a will in Tasmania?

It revokes gifts and appointments to the former spouse under section 17. The rest of the will can still stand.

Does my will need to be signed at the bottom?

Section 8 says the signature doesn't have to be at the foot of the will, but it must be made with the intention of executing the will. Signing at the end is the clearest choice.