Wills & Estates in Tasmania — What You Need to Know Right Now
Do You Need a Lawyer?
A lawyer is critical where the estate is contested or complex: someone is challenging the will's validity (claiming the will-maker lacked capacity, was unduly influenced, or that the will was forged), a Testator's Family Maintenance claim is being made or defended, the estate holds a business, a self-managed super fund, trusts or assets interstate or overseas, or there is a blended family with competing claims. You should also get advice if you are an executor unsure of your duties, if the deceased may have died without a valid will, or if a possible TFM claimant exists and the 3-month deadline is approaching. For a straightforward will with simple assets and clear beneficiaries, a properly drafted and witnessed will may be enough — but errors in execution are a common and avoidable reason wills fail.
The Law in Tasmania
In Tasmania, the making of a will is governed by the Wills Act 2008 (Tas). A valid will must be in writing, signed by the testator (or by another person in the testator's presence and at their direction), and that signature must be made or acknowledged in front of two or more witnesses present at the same time, who then attest and sign the will. The testator must be at least 18 years of age and have testamentary capacity — broadly, a sound mind that understands the nature of making a will, the extent of their property, and the people who might reasonably expect to benefit. The Act also covers altering, revoking, rectifying and construing wills, and gives the Supreme Court a dispensing power (section 10) to admit an informal document that does not meet the strict formal requirements. Unusually, Tasmania sets a high bar for that power: the Court must be satisfied beyond reasonable doubt that the deceased intended the document to be their will — a stricter standard than the ordinary civil standard used in most other States.
When a person dies, their estate is administered under the Administration and Probate Act 1935 (Tas). Where there is a valid will, the executor named in it applies to the Supreme Court of Tasmania Probate Registry for a grant of probate, which confirms the will and the executor's authority to collect assets, pay debts and distribute the estate. Where there is no will, or no willing or able executor, a relative (or the Public Trustee) applies for letters of administration. The practice and procedure for these applications — the forms, supporting affidavits, advertising of intention, and contested matters — are set out in the Probate Rules 2017 (Tas). Not every estate needs a grant: small estates, or assets held jointly that pass by survivorship, may be released without one.
If a person dies without a valid will, the estate is distributed according to the Intestacy Act 2010 (Tas). A surviving spouse (which includes a partner in a significant relationship recognised under the Relationships Act 2003) takes the whole estate where there are no children, or where all the children are also children of that spouse. Where there are children of another relationship, the spouse receives a CPI-indexed statutory legacy — a base figure of $350,000 under the Act, adjusted for inflation — plus the deceased's personal effects and half of the remaining residue, with the balance shared among the children. If there is no spouse or children, the estate passes to parents, then siblings, then more distant relatives in a set statutory order.
A will can be challenged in two distinct ways, and it is important not to confuse them. First, you can contest the validity of the will itself — on grounds such as lack of testamentary capacity, undue influence, fraud or forgery, or improper execution. If a validity challenge succeeds, the will is set aside and the estate passes under an earlier valid will or on intestacy. Second, even where the will is perfectly valid, an eligible person can bring a family provision claim under the Testator's Family Maintenance Act 1912 (Tas), asking the Supreme Court to order provision out of the estate because adequate provision was not made for their proper maintenance and support. Under section 3A, eligible applicants include a spouse (including a recognised partner), children, the deceased's parents (but only if the deceased left no spouse and no children), and a former spouse or former partner who was receiving or entitled to receive maintenance from the deceased. Tasmania's deadline for a TFM application is unusually short — generally 3 months from the grant — so prompt action matters. These litigated disputes are heard in the Supreme Court of Tasmania.
Key Legislation & Courts
KEY TASMANIA WILLS AND ESTATES LEGISLATION AND COURTS
Legislation:
- Wills Act 2008 (Tas) — making, validity, alteration, revocation and rectification of wills; testamentary age (18+) and capacity; section 10 dispensing power for informal wills (court must be satisfied beyond reasonable doubt).
- Administration and Probate Act 1935 (Tas) — administration of deceased estates; grants of probate and letters of administration; executor/administrator powers and duties.
- Testator's Family Maintenance Act 1912 (Tas) — family provision claims; eligible applicants under section 3A; STRICT 3-month deadline from the grant (section 11; shortest in Australia).
- Intestacy Act 2010 (Tas) — distribution where there is no valid will; spouse/children order; CPI-indexed statutory legacy (base figure $350,000).
- Probate Rules 2017 (Tas) — Supreme Court practice and procedure for probate applications.
Courts and bodies:
- Supreme Court of Tasmania – Probate Registry — issues grants; handles will disputes, rectification, construction and TFM claims.
- Supreme Court of Tasmania (Trial Division) — litigated estate disputes, validity challenges and family provision applications.
- Public Trustee (Tasmania) — statutory body; prepares wills, acts as executor, administers estates.
- Magistrates Court of Tasmania — limited role; smaller related civil claims; does not grant probate.
What Happens Next — Step by Step
1
Work out which situation you are in: making or updating your own will, acting as an executor or administrator, or considering a challenge or family provision claim against an estate.
2
If someone has died, find out whether a grant of probate or letters of administration is needed and locate the original will and a full list of assets and debts.
3
Diarise any deadlines immediately — especially Tasmania's 3-month Testator's Family Maintenance deadline, which runs from the date the grant is issued.
4
Gather your documents: the will, death certificate, asset and account details, property titles, and any prior wills or correspondence about the deceased's intentions.
5
Call Legal Hotline for free information on your options, and book a fixed-fee consultation with an admitted lawyer if your matter is contested, complex or time-critical.
Mistakes to Avoid
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Missing Tasmania's 3-month Testator's Family Maintenance deadline — it is the shortest in Australia and runs from the grant, not the date of death, so people who delay can lose the right to claim.
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Getting the will witnessed incorrectly — both witnesses must be present at the same time when the testator signs; a witness who also benefits under the will can lose their gift.
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Assuming a homemade or out-of-date will is fine — major life events like marriage, divorce or new children can revoke or distort a will, and an informal document will only be admitted if the Court is satisfied beyond reasonable doubt it was meant to be a will.
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Confusing contesting the will's validity (capacity, undue influence, forgery) with a family provision claim — they are different legal pathways with different evidence and different deadlines.
Likely Outcomes
For an uncontested estate with a valid will, the executor applies for a grant of probate through the Probate Registry; once advertising and paperwork are in order, a grant typically issues within a few weeks, and the estate can then be collected and distributed. Simple estates are often wound up within 6 to 12 months, longer if there is real estate to sell or tax to finalise. Where there is no will, letters of administration are granted and the estate is distributed under the Intestacy Act 2010 (Tas) — the spouse taking everything, or the indexed statutory legacy (base $350,000) plus personal effects and half the residue where children of another relationship exist. A successful Testator's Family Maintenance claim results in the Court ordering provision out of the estate for the applicant; the amount depends on the applicant's need, the size of the estate and competing claims, and there is no fixed formula. Where a will is found invalid for lack of capacity, undue influence, fraud or improper execution, it is set aside and an earlier valid will or the intestacy rules govern instead. Supreme Court filing fees for a grant are scaled to the value of the estate. Contested matters can take many months to well over a year, and legal costs can be significant — which is why early advice and, where possible, mediation often produce better outcomes than a full hearing.
Grant of probate
Issued to the executor of a valid will through the Supreme Court Probate Registry, authorising them to collect, manage and distribute estate assets. Filing fee is scaled to estate value.
Letters of administration
Granted where there is no valid will or no willing executor, allowing an administrator to distribute the estate under the Intestacy Act 2010 (Tas).
Family provision (TFM) order
The Supreme Court orders provision from the estate for an eligible applicant under the Testator's Family Maintenance Act 1912 (Tas). Strict 3-month deadline from the grant; amount depends on need and estate size.
Will declared invalid
Set aside for lack of capacity, undue influence, fraud, forgery or improper execution; the estate then passes under an earlier valid will or on intestacy.
Legal Aid in Tasmania
Tasmania Legal Aid (the Legal Aid Commission of Tasmania) publishes free, plain-English information on making a will and on deceased estates on its website. Be realistic about the limits: Legal Aid focuses its grants of casework on criminal, family and child-protection matters, so it rarely funds private wills, probate or estate-dispute litigation. What it can offer is reliable general information and a starting point. Other free or low-cost options include the Public Trustee (Tasmania), which can prepare wills and act as executor (fees apply for administration), community legal centres such as Hobart Community Legal Service, and the Law Society of Tasmania's referral pathways for finding a private solicitor. For specific questions about your own estate or a dispute, you will usually need tailored advice from an admitted lawyer rather than general information alone.
How Legal Hotline Can Help
Legal Hotline is a free, 24/7 service that gives you clear legal information about wills and estates in Tasmania — what the Wills Act 2008, the Administration and Probate Act 1935, the Intestacy Act 2010 and the Testator's Family Maintenance Act 1912 mean for your situation, and what the realistic next steps are. We are not a law firm, and what we provide is legal information, not legal advice tailored to your circumstances. That distinction matters: information helps you understand the landscape and the deadlines (like Tasmania's tight 3-month TFM window); advice tells you what you specifically should do. When your matter needs that next step, we can book you a fixed-fee consultation with an admitted Australian lawyer, so you know the cost upfront before you commit.
Frequently Asked Questions — Wills & Estates in Tasmania
What makes a will valid in Tasmania?
Under the Wills Act 2008 (Tas), a will must be in writing, signed by the testator (or by someone at their direction in their presence), and witnessed by two adults who are both present at the same time when the testator signs or acknowledges the signature. The testator must be 18 or over and have testamentary capacity. Witnesses who benefit under the will can lose their gift, so choose independent witnesses.
How long do I have to contest a will in Tasmania?
For a family provision (Testator's Family Maintenance) claim, the deadline is generally just 3 months from the date the grant of probate or letters of administration is issued (section 11 of the Act) — the shortest deadline in Australia. This is much tighter than other States, so act quickly. The Court has a discretion to extend time, but only in limited circumstances and not once the estate is distributed. Challenges to the validity of a will (capacity, undue influence, forgery) are best raised before a grant is made; specific time limits should be checked with a lawyer.
What happens if someone dies without a will in Tasmania?
They die intestate and the estate is distributed under the Intestacy Act 2010 (Tas). A surviving spouse takes the whole estate where there are no children, or where all the children are also children of that spouse; where there are children from another relationship, the spouse receives a CPI-indexed statutory legacy (a base figure of $350,000) plus personal effects and half the residue, with the balance to the children. If there is no spouse or children, the estate passes to parents, siblings and other relatives in a set order.
Do I always need probate when someone dies in Tasmania?
No. Whether a grant is required depends on the assets. Small estates and assets held jointly (which pass automatically to the survivor by survivorship) often do not need probate. Banks, share registries and land titles will tell you their thresholds. A grant is usually required where there is significant real estate, large bank balances, or where an institution insists on one before releasing assets.
Who can make a family provision claim against a Tasmanian estate?
Under section 3A of the Testator's Family Maintenance Act 1912 (Tas), eligible applicants include a spouse (including a partner in a significant relationship recognised under the Relationships Act 2003), children, the deceased's parents (but only if the deceased left no spouse and no children), and a former spouse or former partner who was receiving or entitled to receive maintenance from the deceased. The applicant must show that adequate provision for their proper maintenance and support was not made, and the 3-month deadline from the grant applies.
What is the difference between an executor and an administrator?
An executor is the person named in a valid will who applies for probate and carries out the will's terms. An administrator is appointed where there is no will, or no willing executor, and is granted letters of administration to distribute the estate under the Intestacy Act 2010 (Tas). Both have duties under the Administration and Probate Act 1935 (Tas) to collect assets, pay debts and distribute the estate properly.
Can a will that wasn't signed or witnessed properly still be valid?
Possibly, but the bar in Tasmania is high. Section 10 of the Wills Act 2008 (Tas) gives the Supreme Court a dispensing power to admit an informal document — for example, an unsigned draft, a note, or even an electronic record — but only where the Court is satisfied beyond reasonable doubt that the deceased intended it to be their will. That is a stricter standard than most other States, it requires a court application, and it is not guaranteed, so it should never be relied on as a substitute for a properly executed will.
What does the Public Trustee in Tasmania do?
The Public Trustee (Tasmania) is a statutory body, not a court. It can prepare wills, act as an executor named in a will, and administer deceased estates — including stepping in as administrator where a person dies intestate or no one else will act. Fees apply for estate administration. It is one option among private solicitors for getting a will made or an estate managed.
How much does it cost to apply for probate in Tasmania?
The Supreme Court of Tasmania charges a filing fee for a grant of probate or letters of administration that is scaled to the value of the estate — larger estates pay more. On top of the court fee, you may have legal fees if you use a solicitor and costs such as advertising the intention to apply. A lawyer or the Probate Registry can give you the current fee for your estate's value.
Can I change or revoke my will, and what revokes it automatically?
Yes — you can change a will by making a properly executed codicil or, better, a fresh will. Under the Wills Act 2008 (Tas), marriage generally revokes an earlier will (unless made in contemplation of that marriage), and divorce generally revokes gifts to, and the appointment of, a former spouse. Because life changes can quietly invalidate parts of an old will, it is wise to review your will after any major event such as marriage, separation, divorce, or the birth of children.
For general information about Wills & Estates in Australia, visit our Wills & Estates Legal Hotline Australia page.