Wills Act 2008

The Tribunal may, in accordance with this Division, make orders authorising the making of a will in specific terms approved by the Tribunal on behalf of a person who lacks testamentary capacity.

For the purposes of this Division, a person does not lack testamentary capacity by reason only of the fact that he or she is a minor, but does lack testamentary capacity if he or she is a minor and lacks testamentary capacity by reason of disability or injury.

The powers of the Tribunal under subsection (1) may be exercised – on the application of any person; or of its own motion – but the Tribunal must first hold a hearing in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020.

The Tribunal may not make an order under subsection (1) unless it is satisfied, after making such enquiries as it considers reasonable, that the person has not made a will or any purported will.

The Tribunal may authorise the making of a will that deals with the whole or part of the property of the person.

The Tribunal is not to make an order under this Division unless the person on whose behalf authorisation for the making of the will is sought is alive when the order is made.

The Tribunal may at any time direct that a matter before the Tribunal pursuant to this Division proceed by way of an application to the Court under Division 2.