The Public Trustee offers free storage for your estate planning documents if they are prepared with the Public Trustee.

(i.e Your Will, enduring power of attorney and enduring guardianship)

If your registered Enduring Power of Attorney or Enduring Guardianship needs to be used, we will release the original documents to your appointed attorney or guardian. They will then be responsible for making certified copies.

Storage of Property titles:

The Public Trustee can also store your property titles, only if the Public Trustee is appointed as the sole executor of your estate.

This service is not available if you appoint a private individual, such as a family member or friend, as the executor of your estate, even if the Public Trustee is named as a substitute executor.

Your Will is your voice after you pass away. Clear instructions will help the people you care about.

A Will is a legal document that states:

• Who gets your assets
• Who will carry out the directions in the Will (your executor)

A professionally written and up-to-date Will enables you to:

• Enable your estate to be settled efficiently
• Provide for the people you care about
• Reduce stress and conflict

You can make a Will if you are over 18 years of age and have legal capacity. If you wish to make a Will and are under 18 years and have never been married, you can apply to the Supreme Court.

To have legal capacity to make a Will, you must know that you are making a Will, understand the nature and effect of the proposed Will and that you are distributing your property according to your own intentions.

If you are under 18 years and married, you can make a Will. Also, if you are under 18 years and are about to be married, you can make a Will in contemplation of that marriage. Your Will becomes valid when that marriage takes place.

A professionally written and up-to-date Will enables you to:

• Provide for the people you care about
• Reduce stress and conflict
• Enable your estate to be settled efficiently.

Choosing the Public Trustee gives you peace of mind that everything will be handled professionally, without placing extra stress on your loved ones at a difficult time.

We will:

• Pay any outstanding bills and collect money owed to your estate
• Carry out your instructions in your Will
• Treat all beneficiaries fairly and impartially
• Keep your beneficiaries informed and explain what is happening at each stage
• Work with banks, insurers, and other organisations to manage your assets

Before your appointment

• Estate Planning Personal Information Form:
  After booking your appointment, we will send you a Personal Information Form.
  • This form helps us understand your family and assets to tailor our advice to your needs.
  • Completing it before your appointment saves time and reduces the need for follow-ups.
  • If you’re unsure about certain sections, fill out as much as you can—we will assist you during your appointment.

Why we need your personal information before your appointment

Providing this information ensures your estate planning is efficient, accurate, and tailored to your needs.

• The solicitor will review your details before your appointment.
• Even if you are a returning client, we recommend completing the form to update your information, even for minor changes.

What Information Do We Need?

The Estate Planning Personal Information Form will ask for:

• Contact Details: Name, address, phone, and email.
• Relationship Status: Marital status, partner details, key dates (e.g., marriage, divorce).
• Children: Names, relationships (e.g., natural, adopted, step), date of birth, and any relevant details.
• Assets: Household items, vehicles, real estate, bank accounts, investments, and shares.
• Liabilities: Loans, credit cards, mortgages.
• Superannuation: Fund details, balance, beneficiaries, death benefit cover.
• Insurance: Life insurance and funeral arrangements (pre-paid or insured).
• Other Assets: Business interests, foreign assets, intellectual property.

How to Return the Form:

• By Email: Scan or email the completed form to bsu@publictrustee.tas.gov.au.  
• By Post: Send it to GPO Box 1565, Hobart 7001 (ensure it arrives before your appointment).
• In Person: Drop it off at your local office if other options are not possible.

What to bring to your appointment

• 2 forms of ID, including one photo ID (e.g., driver’s license, passport). Click here for a full list of acceptable IDs   
• Reading Glasses, if you need them to read or complete paperwork.
• Payments can only be made by EFTPOS or bank transfer (EFT). We do not accept cash.

It is a good idea to review your Will every 3-5 years, or if your circumstances change, such as:

• You bought or sold an asset (especially an asset left to someone specific in your Will)
• You married, divorced or entered a significant relationship
• You have a new child, grandchild or stepchild
• one of your children has divorced, separated or entered into a significant relationship
• Your children now have stepchildren
• You have retired
• Your spouse or partner has passed away
• one of your beneficiaries has passed away or is no longer able to make decisions
• You want to change the beneficiaries of your Will
• You have changed your name.

If you would like to make a Will or update an existing one, please call 1800 068 784 or click here to make an appointment online. 

The simple answer is “yes”, if you get married or divorced it does affect your Will!

Getting married:

When you get married your existing Will is revoked, unless that Will was made in contemplation of the marriage. Any provisions made for your spouse will be valid, but not the provisions made for children or others you may have included in your Will.

If you do not update your Will, Government legislation will determine how the remainder of your estate is distributed. This may not reflect your wishes, causing disputes and delays for your spouse and loved ones.

Getting divorced:

If you have a Will and get divorced your Will is still valid, but any provisions made for your ex-spouse will be revoked.

If you are divorced, provision for the ex-spouse is treated as if they passed away before you, meaning any substitution clauses in the Will would then take effect.

Your Will could fall into Intestacy if there are no substitution clauses in the Will.

If you have a Will and are separated but not divorced, the Will remains valid as will any provisions for that ex-spouse.

What if I’m in a significant relationship?

If you are in a ‘significant relationship’ with another person on your death they may be in a position to make a claim against your estate. A ‘significant relationship’ is defined in the Relationships Act 2003 (Tas).

The validity of your Will can be challenged on several grounds. These can include:

• failure to meet the formal requirements of a Will – such as not being signed by the testator and two witnesses;
• the Will maker (testator) was not of sound mind;
• the testator was unduly influenced or pressured by another person/s when making the Will – this is called duress.

In Tasmania, if a person dies and their dependants feel that they are left ‘without adequate provision for proper maintenance and support’ they could make an application for further advancement under the Testator’s Family Maintenance Act 1912. However, only the following people can make a claim:

• the surviving spouse or partner of the deceased;
• the children of the deceased, including adopted and stepchildren;
• the parents of the deceased if the deceased had no spouse or children; and
• a divorced spouse or ex-partner who is receiving or is entitled to receive maintenance from the deceased at the date of death.

What matters may the Court take into account?

• The total value of the deceased’s estate.
• The circumstances and needs of the claimant.
• Whether by current community standards the deceased had an obligation to provide for the claimant.
• The means and needs of competing beneficiaries and claimants.
• The character and conduct of the person making the claim.
• The nature and quality of the relationship between the claimant and the deceased.
• The reasons of the deceased, as far as they are ascertainable, for leaving his or her property in a particular way.

A claim must be started within three months after the date of Probate or Letters of Administration being granted. However, this period may be extended by the Court.

Being in the class of people who can challenge does not mean that they will be successful.

If you are concerned about somebody challenging your Will, please talk to our staff about what you can do to minimise a successful challenge.

If you pass away without making a Will, this is called dying “intestate.”

When this happens, the law decides who will receive your assets. This may not reflect what you would have wanted.

In Tasmania, your estate is distributed according to rules set out in the Intestacy Act 2010. This means your assets are divided using a standard formula.

Someone will also need to apply to the Supreme Court to manage your estate. This is called “letters of administration.” The person appointed is called the administrator, and they will be responsible for handling your estate.

If a person dies intestate, without a Will, or not all the assets have been accounted for in a Will (partially intestate), legislation simply nominates who will benefit from the estate; this is carried out using a strict statutory formula to your next of kin.

The estate does not pass to the Government unless the deceased has no living relatives, and extensive efforts to find family have been exhausted.

The Tasmanian Intestacy Act 2010  details who will benefit from an intestate estate.  It can be summarised as follows:

The surviving spouse will inherit the whole estate unless there are children from another relationship of the deceased. Where there are children from another relationship the surviving spouse is entitled to the following:

• Statutory spousal legacy of $350,000 (adjusted to CPI);
• Tangible personal property of the deceased;
• Half of the remainder (if any). The remaining half of any residue is to be divided between all children of the deceased.

If there is more than one surviving spouse (e.g. a separated husband or wife and a de facto partner) each spouse is entitled to share in the estate.

If there is no spouse the residue of the estate is to be divided between all children of the deceased.

If there is no spouse or children the estate will go to the parents.

If there are no parents the estate will go to siblings in equal shares.

If a sibling has passed away, their share will go to their children.

If there are no siblings it will go to the grandparents.

If there are no grandparents, the estate will be distributed in equal shares amongst all the deceased’s aunts and uncles. If an aunt or an uncle has passed away it will go to their children (the deceased’s first cousins).

Only when none of the above family members can be found will the estate go to the Government.

A spouse of the deceased is defined as a person who:

• was married to the deceased at the time of death; or
• was party to a registered personal relationship, or
• was party to a significant relationship, within the meaning of the Relationships Act 2003, with the deceased immediately before death that either;
  • existed for a continuous period of at least 2 years; or
  • resulted in the birth of a child.

NOTE: The way you own assets may also affect how your assets are distributed. For example, jointly owned assets automatically pass to the surviving owner(s) under the survivorship rule.

For more information, see FAQ What happens if I don’t have a Will?

You can make your own Will or use a Will kit, but it is not always the most reliable option. Wills must meet strict legal requirements. If mistakes are made, your Will may not be valid and your instructions may not be followed.

It is also important to understand how your assets are owned, as this affects how they can be passed on.

Getting professional advice helps to ensure your Will is clear, correct, and legally valid.

It is often easier and more cost‑effective to make your Will professionally now, rather than leaving your executor or loved ones to fix issues after you pass away.