Making a Will in Northern Territory
Everything you need to know about creating a legally valid Will in NT under the Wills Act 2000 (NT) & Family Provision Act 1970 (NT).
Quick Facts — NT
Legislation
Wills Act 2000 (NT) & Family Provision Act 1970 (NT)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Solicitor Cost
$500–$1,500
Will Requirements in NT
Under the Wills Act 2000 (NT) & Family Provision Act 1970 (NT), a Will is legally valid in Northern Territory when the following requirements are met:
Witnessing Rules in NT
Two independent adult witnesses must be present together when the testator signs. Both witnesses must sign in the presence of the testator. Witnesses should not be beneficiaries.
Marriage & Divorce Effects on Your Will
Effect of Marriage
Marriage automatically revokes an existing Will unless made in contemplation of that specific marriage.
Effect of Divorce
Divorce revokes provisions for the former spouse. The rest of the Will remains valid.
Informal Wills in NT
Section 10 of the Wills Act 2000 allows the court to dispense with formal requirements if satisfied the document represents the deceased's testamentary intentions.
While informal Wills may be recognised in certain circumstances, relying on one is risky. A properly executed Will avoids uncertainty and potential legal costs for your loved ones.
Family Provision Claims in NT
Under the Family Provision Act 1970, eligible claimants include spouses (including de facto), children, and persons who were wholly or partly maintained by the deceased.
Unique Considerations for NT
- Aboriginal customary law may interact with succession law in some circumstances
- Remote locations may require special consideration for Will execution and witnessing
- Family provision claims must be made within 12 months of death
- The Wills Act 2000 is relatively modern legislation
Cost of Making a Will in NT
Traditional Solicitor
$500–$1,500
One-off, per revision
ezyWill
$99/year
Unlimited updates included
How to Create Your Will in NT
Sign Up Free
Create your free ezyWill account. No credit card required.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Wills Act 2000 (NT) & Family Provision Act 1970 (NT).
Download Your Will
Review your professionally formatted Will and download the PDF.
Sign with Witnesses
Sign your Will in the presence of two independent adult witnesses in NT. Both witnesses must also sign.
Frequently Asked Questions — NT
Is an online Will legally valid in the Northern Territory?
Yes. Under the Wills Act 2000, a Will is valid in the NT when it is in writing, signed by the testator, and witnessed by two independent adults. Online Wills are equally valid to those prepared by a solicitor, provided they are properly executed.
How does Aboriginal customary law affect Wills in the NT?
Aboriginal customary law can interact with succession law in the Northern Territory. While the Wills Act 2000 applies to all NT residents, courts may consider customary law obligations when dealing with estate matters involving Indigenous Australians, particularly regarding land and cultural property.
What happens if I die without a Will in the NT?
If you die intestate in the Northern Territory, the Administration and Probate Act governs distribution. Your spouse typically receives the personal effects and a statutory legacy, with the remainder divided between spouse and children. If there is no spouse, children inherit the entire estate.
Can I make a Will if I live in a remote NT community?
Yes. While remote locations may make it harder to find witnesses, the legal requirements are the same across the NT. Using an online Will service like ezyWill can be particularly beneficial for remote residents, as you can prepare your Will from anywhere with internet access.
How long do I have to contest a Will in the NT?
Under the Family Provision Act 1970, claims must be made within 12 months from the date of death (not from the grant of probate, as in some other states). This is one of the longer claim periods in Australia.
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