Estate Planning in Australian Capital Territory.
Estate planning in the Australian Capital Territory operates under its own legislation, though it shares many features with New South Wales given the territories' geographic proximity. ACT residents — particularly Commonwealth public servants — should ensure their estate plans account for unique Commonwealth superannuation entitlements.
ACT Legislative Framework
The Laws That Govern Your Estate in Australian Capital Territory
Wills
Wills Act 1968 (ACT)
Powers of Attorney
Powers of Attorney Act 2006 (ACT)
Health Directives
Medical Treatment (Health Directions) Act 2006 (ACT)
Probate Court
Supreme Court of the ACT
Wills Act 1968 (ACT)
Wills in Australian Capital Territory
Wills in the Australian Capital Territory are governed by the Wills Act 1968. A valid ACT will must be in writing, signed by the testator, and witnessed by two adults present at the same time who also sign in the testator's presence. Witnesses must not be beneficiaries or their spouses. ACT courts can recognise informal wills in appropriate circumstances. The Supreme Court of the ACT grants probate and oversees estate administration.
Key points
- Governed by the Wills Act 1968 (ACT)
- Two adult witnesses required, both present simultaneously
- Witnesses cannot be beneficiaries or their spouses
- Courts can recognise informal wills in appropriate circumstances
- Commonwealth public servants: consider Commonwealth super entitlements in planning
Powers of Attorney Act 2006 (ACT)
Powers of Attorney in Australian Capital Territory
ACT Enduring Powers of Attorney are governed by the Powers of Attorney Act 2006 and cover financial and property decisions. For personal and health decision-making, the ACT uses a separate guardianship appointment framework under the Guardianship and Management of Property Act 1991. The ACT Civil and Administrative Tribunal (ACAT) handles disputes and can appoint guardians or property managers where no valid appointment exists.
Key points
- Financial EPA: Powers of Attorney Act 2006 (ACT)
- Personal/health decisions: Guardianship and Management of Property Act 1991 (ACT)
- ACAT handles guardianship and administration disputes
- Must be executed before an eligible witness (e.g. lawyer or JP)
- Attorney must act in the principal's best interests at all times
Medical Treatment (Health Directions) Act 2006 (ACT)
Advance Health Directives in Australian Capital Territory
The Medical Treatment (Health Directions) Act 2006 provides the legal framework for advance health directives in the ACT. Under this Act, a competent ACT resident can make a legally binding Health Direction about their medical treatment, and can appoint an Attorney for Health Care to make decisions on their behalf if they lack decision-making capacity. Health Directions under the 2006 Act are binding on ACT health practitioners in the circumstances specified in the direction.
Key points
- Governed by Medical Treatment (Health Directions) Act 2006 (ACT)
- Can make a binding Health Direction about specific medical treatments
- Can appoint an Attorney for Health Care
- ACT health practitioners are bound by valid directions
- Separate from your EPA — covers health decisions only
ACT-specific guidance
ACT Estate Planning: Commonwealth Super Considerations
Canberra and the broader ACT have a high proportion of Commonwealth Government employees, many of whom have Commonwealth Superannuation Scheme (CSS) or Public Sector Superannuation (PSS) entitlements. These Commonwealth super funds have specific rules about death benefits and reversionary pensions that differ from commercial super funds, and often cannot be directed by a standard binding death benefit nomination. Proper ACT estate planning needs to specifically account for these entitlements.
- Commonwealth super (CSS/PSS/PSSap) has unique death benefit rules
- Reversionary pensions pass directly to nominated dependants, not your estate
- ACT legislation shares many features with NSW
- Family provision claims available under Administration and Probate Act 1929 (ACT)
- ACAT can appoint guardians and managers if no appointments exist
Common Questions About Estate Planning in Australian Capital Territory
State-specific answers to help you understand what's required where you live.
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