The Wills Act 2008 (Tas) does not provide for an electronic signature to execute a will.

Electronic signatures in wills are exempted under the Electronic Transactions Regulations 2021 (Tas)¹

Conclusion

A will cannot be electronically signed or executed in Tasmania.

Relevant papers on the Tas position

The submission by the Law Council of Australia provides a “high-level comparative analysis of the jurisdictional exemptions” of Electronic Transactions Acts between the states.² Their analysis of the law in Tasmania concludes wills are exempt from the application of the ET Act.

Legislative extracts

Wills Act 2008 (Tas)

8 How a will should be executed

(1) A will is not valid unless –

• (a) it is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator; and
• (b) the signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time; and
• (c) at least 2 of those witnesses attest and sign the will in the presence of the testator (but not necessarily in the presence of each other).

(2) The signature of the testator must be made with the intention of executing the will, but it is not essential that the signature be made at the foot of the will.

Electronic Transactions Regulations 2021 (Tas)

5 Division 2 of Part 2 of Act not to apply to certain requirements and permissions

Division 2 of Part 2 of the Act does not apply to –

• (a) a requirement or permission relating to the execution or revocation of a will, codicil or other testamentary instrument; or
• (b) a requirement or permission relating to enduring guardians or powers of attorney; or
• (c) a requirement that information or a document be delivered only by personal service.

Electronic Transactions Act 2000 (Tas)

Division 2 - Requirements under laws of this jurisdiction

7 Signatures

(1) If, under a law of this jurisdiction, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if –

• (a) a method is used to identify the person and to indicate the person's intention in respect of the information communicated; and
• (b) the method used was either –
• (i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or
• (ii) proven in fact to have fulfilled the functions described in paragraph (a) , by itself or together with further evidence; and
• (c) the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a) .

¹ Electronic Transactions Regulation 2021 (Tas) reg 5(a).