Making a will in the Northern Territory

The same rules apply whether you live in Darwin, Alice Springs or a remote community. Wills are governed by the Wills Act 2000 (NT), and dying without a will by the Administration and Probate Act 1969 (NT). The Territory's Public Trustee now operates as the Public Guardian and Trustee.

What makes a will valid in the NT?

Under section 8 of the Wills Act 2000, a will must be:

• in writing, typed or handwritten
• signed by you, or by someone else in your presence and at your direction, with the intention of making the will (the signature doesn't have to be at the foot)
• signed, or your signature acknowledged, in front of two or more witnesses who are present at the same time
• signed by at least two of those witnesses in your presence, though not necessarily in front of each other (s 8(2))

An attestation clause isn't necessary (s 8(4)), and the will is still valid if a witness didn't know the document was a will (s 9).

Who can witness a will in the NT?

The Act doesn't set a minimum age for witnesses, but someone who can't see you sign can't be a witness (s 11). The Public Guardian and Trustee recommends two independent people not named in the will. Choose adults who'd be easy to contact later.

What if a beneficiary witnesses the will?

In the NT, a gift to a person who witnessed the will is void, as far as that person is concerned (s 12(1)). The rest of the will still works. The gift survives only if (s 12(2)):

• at least two of the witnesses weren't given anything under the will
• everyone who would benefit from the gift failing consents in writing
• the Supreme Court is satisfied you knew and approved of the gift and made it freely and voluntarily

Section 12 doesn't mention a witness's spouse or partner, but using one still invites a challenge. Pick two people who get nothing and aren't partnered with anyone who does. Our guide on who can witness a will compares every state.

Who can make a will in the NT?

A will made by someone under 18 isn't valid (s 7). The exceptions are:

• a minor can make a will in contemplation of marriage, but it has no effect if that marriage doesn't take place (s 7(2)(a))
• a married minor can make, change or revoke a will (s 7(2)(b))
• the Supreme Court can authorise a minor to make a will; one of the witnesses must be the Registrar (s 18)

You also need testamentary capacity, which the NT Government describes as being of sound mind. If someone lacks capacity, the Supreme Court can authorise a will for them (s 19).

Does marriage or divorce cancel a will in the NT?

Marriage revokes a will in the NT (s 14(1)), but gifts to the person you're married to when you die, and their appointment as executor, trustee or guardian, survive (s 14(2)). A will made in contemplation of a particular marriage isn't revoked when that marriage happens, whether or not the will says so (s 14(3)). Saying so in the will is still the clearest proof.

Divorce or annulment revokes gifts to your former spouse and their appointment as executor, trustee or guardian, unless your will shows a contrary intention (s 15). The will then works as if they had died before you. The Wills Act has no equivalent rule for the end of a de facto relationship, so a former de facto partner stays in your will until you change it.

What if a will wasn't signed properly?

The Supreme Court can treat a document as a will even if it wasn't signed and witnessed properly, if it's satisfied the person intended it to be their will (s 10(2)). A "document" here can include a recording or anything else from which words, sounds or images can be reproduced (s 10(1)).

That power is a safety net, not a way to make a will: an application needs evidence and money, with no guaranteed result.

What happens if you die without a will in the NT?

Part III Division 4 and Schedule 6 of the Administration and Probate Act 1969 decide who inherits. A surviving spouse, or a de facto partner who qualifies, takes your personal chattels (s 67). Then:

• Spouse, no children, and no parents, siblings or nieces and nephews: your spouse takes everything.
• Spouse, no children, but parents or siblings alive: your spouse takes a prescribed amount (530,000 monetary units) plus half the rest; your parents, or if none your siblings, take the other half.
• Spouse and children: your spouse takes a prescribed amount (370,000 monetary units) plus half the rest if you leave one child, or a third if you leave more. Your children share the remainder.
• Children, no spouse: your children share equally, with grandchildren taking a deceased child's share.
• No spouse or children: your parents, then brothers and sisters, then grandparents, then aunts and uncles (s 69).
• No relatives: the estate goes to the Territory.

A monetary unit is worth A$1.25 from 1 July 2026 to 30 June 2027, so 370,000 units is A$462,500 and 530,000 units is A$662,500 for that year. The unit value is indexed to Darwin CPI and set each 1 July. In each case, if the estate is worth no more than the prescribed amount, your spouse takes it all.

A de facto partner can take as a spouse would, but if there are children, only where the children include the couple's own or the relationship lasted at least two years before the death. If both a spouse and a de facto partner survive, one of them takes the whole spouse's share depending on how long the de facto relationship lasted and whether the couple had children (Sch 6 Pt III).

For an Aboriginal person who dies without a will and wasn't married under the Marriage Act 1961, family members can ask the Supreme Court to distribute the estate under a plan prepared in line with their community's customs and traditions (ss 71 to 71F). The application must usually be made within 6 months after the grant of administration. Our guide to dying without a will compares the states.

Where should you keep your will in the NT?

The Public Guardian and Trustee stores original wills free of charge in a secure vault and adds them to its will register. It doesn't store copies. You lodge the original with a registration form, in person by appointment or by registered post. You can also keep it with your lawyer or at home in a fireproof place, with a note telling your executor where it is.

When someone dies, the NT Government's look for a will page tells families to check with the Public Trustee, as well as the person's papers, lawyers and bank. The Public Guardian and Trustee suggests also checking with the Public Trustee in any state where the person used to live. Whoever holds a will must let beneficiaries, family members and others listed in s 54 of the Wills Act inspect and copy it.

How much does a will cost in the NT?

If the Public Guardian and Trustee administers your estate, it also charges a commission on the estate, set out on its fees and charges page. Its fees are reviewed each 1 July. See how much a will costs for a fuller comparison.

How does probate work in the NT?

Probate is the court's confirmation that a will is valid and the executor can deal with the estate. In the NT, applications go to the Supreme Court of the Northern Territory. A notice of the intended application goes on the court's website for 14 days first, and as at 1 July 2026 the court fee to apply is A$1,585. Our executor guide explains the rest of the job.

Making your will online in the NT with Willies

Willies wills are written for Northern Territory law. You answer about 10 minutes of plain-English questions and pay nothing until the end: A$149 for an Essential Will, or A$399 for a Complete Will if you need testamentary trusts, a family trust or SMSF, business interests, overseas assets or blended-family provisions.

A real person checks every will within 2 business days. Yours arrives as a PDF with step-by-step signing instructions. The first year of the Willies Plan is included (storage, unlimited updates and an encrypted digital legacy plan), then it's A$49 a year if you keep it.

How to sign your will in the NT

1. Read your will from start to finish. If anything is wrong or missing, tell us before you sign.
2. Choose two witnesses aged 18 or over who can see you sign. Don't choose anyone who receives something under your will, or the husband, wife or partner of anyone who does. In the Northern Territory, a gift to a witness can be lost.
3. With both witnesses watching at the same time, sign the signing page at the end of your will in pen, and write the date.
4. Each witness then signs while you watch, and writes their full name, address and the date. It's best if all three of you stay together until everyone has signed.
5. Sign the foot of every other page (good practice, not a legal requirement). Once it's signed, don't unstaple, write on or change the will: ask us for an updated one instead.
6. Keep the signed original somewhere safe, tell your executor where it is, and upload a photo or scan of every page to your vault.

Your witnesses need to be with you in person. The NT's electronic transactions rules don't apply to signing a will, and the Wills Act has no video witnessing procedure.