Wills Act 2008 (TAS)

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Wills Act 2008

An Act to reform the law relating to the making, alteration, rectification, construction and revocation of wills and for other purposes

[Royal Assent 16 December 2008]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Wills Act 2008. 2CommencementThis Act commences on a day to be proclaimed. 3PurposeThe purpose of this Act is to reform the law relating to the making, alteration, rectification, construction and revocation of wills and to make particular provision for – (a) the formalities required for the making, alteration, rectification and revocation of wills and the dispensation of those requirements in appropriate cases; and (b) the making of wills by minors and other persons lacking testamentary capacity; and (c) the effect of marriage and divorce on wills. 4InterpretationIn this Act, unless the contrary intention appears –[Section 4 Amended by No. 18 of 2021, s. 355, Applied:05 Nov 2021] Court means the Supreme Court of Tasmania; disposition includes – (a) any gift, devise or bequest of property under a will; and (b) the creation by will of a power of appointment affecting property; and (c) the exercise by will of a power of appointment affecting property; document, except in section 10(4), means any paper or other material on which there is writing; grant of probate includes grant of administration with the will annexed; internal law, used in relation to a country or place, means the law that would apply in a case where no question of the law in force in any other country or place arose; law practice has the same meaning as in the Legal Profession Act 2007; minor means a person under the age of 18 years; property includes – (a) any contingent, executory or future interest in property; and (b) any right of entry or recovery of property or right to call for the transfer of title to property; Public Trustee means The Public Trustee referred to in section 4 of the Public Trustee Act 1930; Registrar means the Registrar of the Court; Rules means Rules of Court made and in force under section 65; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003, with that person; statutory will means a will executed by virtue of a statutory provision on behalf of a person who, at the time of execution, lacked testamentary capacity; [Section 4 Amended by No. 18 of 2021, s. 355, Applied:05 Nov 2021] Tribunal means the Tasmanian Civil and Administrative Tribunal; will includes a codicil and any other testamentary disposition. 5Application of Act (1)  This Act, except as provided in this section applies only to wills made on or after the commencement of this Act. (2)  The Wills Act…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.