How to Make a Will in the Northern Territory: Requirements, Witnesses and What Happens Next

General information, not legal advice. This guide is our best interpretation of Northern Territory law as at October 2026. WillBuddy is not a law firm, and it never replaces advice from a lawyer or solicitor. If your situation is complex, or you are unsure about anything here, please get legal advice.

This guide explains how to make a valid will if you live in the Northern Territory: who can make one, how it must be signed and witnessed, what can cancel it, and what happens after you die.

Quick Answer

In the Northern Territory, wills are governed by the Wills Act 2000 (NT). A will must be in writing, signed by you, and witnessed by two witnesses who are present together when you sign or acknowledge your signature (s8). The Act has no procedure for witnessing a will by video, so plan to sign in person. A gift to someone who witnesses your will is generally void unless an exception applies (s12). Marriage generally cancels an existing will unless it was made with that marriage in mind (s14), and divorce or annulment generally cancels gifts to your former spouse (s15). The Act has no equivalent rule for the end of a de facto relationship, so update your will yourself.

Who can make a will in the Northern Territory

You generally need to be 18 or over (Wills Act 2000 (NT) s3, s7). The main exceptions are that a person under 18 can make a will if they are married, or in contemplation of a marriage (the will has no effect if that marriage does not take place) (s7(2)), or if the Supreme Court authorises a will in terms it approves (s18).

You also need testamentary capacity: you understand that you are making a will, what you own, who might expect to benefit, and the effect of your choices. If there is any doubt about capacity, for example because of illness, a lawyer and a doctor's assessment at the time of signing can help protect the will.

How to sign and witness a will in the Northern Territory

Section 8 of the Wills Act 2000 (NT) sets out the formal requirements:

1. In writing. Printed or handwritten.
2. Signed by you, or by someone else in your presence and at your direction, with the intention of executing the will.
3. Two witnesses present at the same time when you sign, or when you acknowledge your signature. A person who cannot see and attest that you signed cannot act as a witness (s11). The Act sets no minimum age, but it is best to use adults who could later explain what happened.
4. At least two witnesses sign in your presence. They do not need to sign in front of each other.

Good practice: sign at the end, initial each page, and have the witnesses write their names and addresses. Keep the original somewhere safe and tell your executor where it is.

Witnessing by video

The Wills Act 2000 (NT) has no procedure for witnessing a will over an audio-visual link. The Territory's audiovisual witnessing rule in the Oaths, Affidavits and Declarations Act 2010 (NT) (s28A) covers oaths, affidavits and declarations under that Act, not wills. Sign in person, with both witnesses in the room, or get legal advice first.

Who should witness

Choose two independent adults: not beneficiaries, and not their partners. Under section 12, a gift to a person who witnesses your will is generally void as to that person. The gift survives only if at least two other witnesses are not beneficiaries, if everyone who would benefit directly from the gift failing consents in writing, or if the court is satisfied you knew and approved of the gift and made it freely and voluntarily. Relying on these exceptions adds cost and uncertainty.

If something goes wrong

If a will was not signed or witnessed correctly, the Supreme Court can still treat a document as your will if it is satisfied you intended it to be your will (s10). This is a court process that costs time and money and is not guaranteed, so sign correctly in the first place.

Choosing an executor

Your executor carries out your will: they apply for probate, collect your assets, pay debts and distribute what is left. Choose someone you trust, and name a backup in case they cannot act. An executor can also be a beneficiary. In the Northern Territory the Supreme Court may allow an executor, when they pass their accounts, a commission of up to 5% out of the assets, as is just and reasonable for their pains and trouble (Administration and Probate Act 1969 (NT) s102). It is not automatic, and a will can also deal with executor pay.

Guardians for children under 18

A will can name a guardian for your children. Under the Guardianship of Infants Act 1972 (NT), a parent may appoint a guardian by will to act after their death (s16(1)-(2)). A guardian appointed this way acts jointly with the surviving parent, unless that parent objects; the guardian can then ask the court to decide, and the court may leave the surviving parent as sole guardian (s16(3)-(5)). Care of children can also be decided under the Family Law Act 1975 (Cth), where a court makes orders based on what is best for the child. Talk to the person first, and consider a backup.

What can cancel or change your will

• Marriage generally revokes your will (s14). The main exceptions are a will made in contemplation of that marriage, a will that says it is made in contemplation of marriage generally, and gifts to or appointments of the person you are married to when you die. Make a new will when you marry.
• Divorce or annulment generally revokes gifts to your former spouse and their appointment as executor, trustee or guardian, unless a contrary intention appears in your will or is otherwise established (s15). The will then takes effect as if your former spouse had died before you.
• The end of a de facto relationship is not covered by the Act, and separating from a spouse without a divorce does not trigger s15. In both cases your will generally stays as it is until you change it.
• A new will that revokes earlier wills, or a signed and witnessed document declaring that intention (s13).
• Destroying the will with the intention of revoking it (s13).

Review your will after any major life change: marriage, separation, a new child, a death in the family, or buying or selling significant assets.

After you die: probate in the Northern Territory

Your executor usually applies to the Supreme Court of the Northern Territory for a grant of probate, which confirms the will and lets them deal with your assets. For a straightforward application, notice of the intended application must first be published in a Darwin daily newspaper, and also in a newspaper circulating in your district if you lived in the Territory more than 200 kilometres from the Darwin GPO (Supreme Court Rules 1987 (NT) r88.09).

Some people can make a family provision application if your will does not make adequate provision for their proper maintenance, education and advancement in life (Family Provision Act 1970 (NT) s8). Eligible people are a spouse or de facto partner, children, and, if conditions are met, a former spouse or de facto partner or stepchild you were maintaining immediately before your death, a grandchild, and a parent (s7). An application generally must be made within 12 months after the grant of probate or administration, although the court can extend the time unless the estate has already been lawfully and fully distributed (s9). The court must consider your reasons, so far as they can be found out, and can receive a signed, dated statement of them (s22).

If you die without a will in the Northern Territory

If you die without a valid will, your estate passes under Division 4 of Part III and Schedule 6 of the Administration and Probate Act 1969 (NT). A surviving spouse or de facto partner generally receives your personal chattels (s67). If you leave a spouse and no descendants, parents, brothers or sisters (or their children), your spouse takes the whole estate. If you leave a spouse and descendants, your spouse generally takes the whole estate if it is not more than a prescribed amount set by regulation; otherwise your spouse receives a prescribed sum plus one half of the rest (if only one child, or only the descendants of one child, survive you) or one third (in any other case), and your descendants share the balance (Schedule 6, Part I; s68). A de facto partner (where no spouse also survives you) generally takes the same share, but if none of your surviving descendants are also your partner's, only after a continuous de facto relationship of at least two years immediately before your death; otherwise your descendants take everything (Schedule 6, Part II). Special rules can apply to the estate of an Aboriginal person who dies without a will (Division 4A). These rules may not match what you would have chosen, which is the main reason to make a will.

Making your will with WillBuddy

WillBuddy asks plain-English questions, one at a time, and drafts a will designed to meet the Northern Territory's requirements. Once you unlock printing, you print it and sign it in person with two independent witnesses as described above; WillBuddy shows you how. A will must be signed and witnessed correctly to be formally valid, and WillBuddy cannot promise that any will is valid. WillBuddy is not a law firm and does not give legal advice, so if you are unsure about anything, or your situation involves a family trust, a business, or someone you plan to leave out, please get legal advice.

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Sources

• Wills Act 2000 (NT)
• Family Provision Act 1970 (NT)
• Administration and Probate Act 1969 (NT)
• Guardianship of Infants Act 1972 (NT)
• Supreme Court Rules 1987 (NT)
• Oaths, Affidavits and Declarations Act 2010 (NT)