Estate Planning in Tasmania.
Estate planning in Tasmania operates under its own legislative framework. Many Tasmanian families hold assets across both Tasmania and the Australian mainland, which requires cross-jurisdictional planning. Tasmanian residents should also be aware that advance health directives work differently here than in some other states.
TAS Legislative Framework
The Laws That Govern Your Estate in Tasmania
Wills
Wills Act 2008 (Tas)
Powers of Attorney
Powers of Attorney Act 2000 (Tas)
Health Directives
Guardianship and Administration Act 1995 (Tas)
Probate Court
Supreme Court of Tasmania
Wills Act 2008 (Tas)
Wills in Tasmania
Tasmania's Wills Act 2008 modernised Tasmanian wills law. A valid Tasmanian 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. Tasmania's legislation allows courts to recognise informal wills in appropriate circumstances where the document clearly represents the deceased's genuine last wishes.
Key points
- Governed by the Wills Act 2008 (Tas)
- Two adult witnesses required simultaneously
- Witnesses cannot be beneficiaries or their spouses
- Courts can recognise informal wills in appropriate circumstances
- Probate administered by the Supreme Court of Tasmania
Powers of Attorney Act 2000 (Tas)
Powers of Attorney in Tasmania
Enduring Powers of Attorney in Tasmania are governed by the Powers of Attorney Act 2000 and cover financial and legal decisions. For personal and medical decision-making, Tasmania uses the concept of 'Enduring Guardianship' under the Guardianship and Administration Act 1995 — which is a separate appointment document. The Guardianship and Administration Board of Tasmania handles disputes and can appoint administrators when no valid appointment exists.
Key points
- Financial EPA: Powers of Attorney Act 2000 (Tas)
- Covers financial and legal decisions only
- Personal/health decisions: separate Enduring Guardianship appointment
- Must be signed before a lawyer, JP, or other eligible witness
- Guardianship and Administration Board handles disputes
Guardianship and Administration Act 1995 (Tas)
Advance Health Directives in Tasmania
Tasmania does not currently have a specific statutory advance health directive statute in the same form as some other states. However, a properly executed Advance Care Directive is recognised by Tasmanian health providers consistent with common law principles and Tasmanian Health Service guidelines. For personal and lifestyle decisions, an Enduring Guardianship appointment under the Guardianship and Administration Act 1995 provides formal coverage.
Key points
- No specific statutory AHD in Tasmania
- Common law directives recognised by TAS health providers
- Tasmanian Health Service supports advance care planning documents
- Personal/health decisions: Enduring Guardianship under Guardianship Act
- Review your directive if you've recently moved from another state
TAS-specific guidance
Tasmania Estate Planning: Cross-Jurisdictional Assets
Many Tasmanian families hold property in both Tasmania and on the mainland. Cross-jurisdictional estates require careful planning to ensure your will effectively deals with assets in each state, and that probate or letters of administration can be re-sealed in other jurisdictions where needed. Tasmania's family provision regime under the Testator's Family Maintenance Act 1912 allows eligible family members to apply for greater provision from the estate.
- Cross-jurisdictional estates need careful drafting to cover mainland assets
- Family provision: Testator's Family Maintenance Act 1912 (Tas)
- Eligible claimants include spouse, children, and some other dependants
- Applications must generally be made within 3 months of probate
- Rural and agricultural land may require specific succession planning
Common Questions About Estate Planning in Tasmania
State-specific answers to help you understand what's required where you live.
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