Wills

Do not give advice for the wording of a will. If advice is required, legal assistance must be sought. In Tasmania, the Wills Act 2008 (Tas) set out the necessary requirements for wills.

  1. Witnesses requirement
    • Two witnesses must be present.
    • All parties (testator and both witnesses) must sign in each other’s presence.
  2. Witnesses' eligibility
    • Witnesses must not be beneficiaries in the will.
  3. Testator's declaration
    • The testator must indicate that the signature is theirs and confirm it is their will.
  4. Signing in presence
    • The testator must sign the will in the presence of both witnesses.
    • The same pen should be used by the testator and witnesses.
    • Pre-signing is not allowed and could invalidate the will if challenged.
  5. Date of will
    • Ensure the will is dated (this is essential).
  6. Amendments or changes
    • If there are any amendments or changes, the testator and both witnesses must initial each change before the final signing.
  7. Page signing
    • Each page of the will must be signed by the testator and both witnesses.
    • Ensure the name of the testator and each witness is printed under their signature.
    • Witnesses should include their identification number and addresses under their signatures on the last page.
  8. Identification details
    • The identification details of the witnesses (including their addresses) are required for future legal verification if needed.

Please refer to the Justices of the Peace Handbook for any issues not covered above.

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