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A Step by Step Guide for creating a legally valid Will in the NT (including online wills).
Quick Overview
To make a Will in the Northern Territory, you must be over 18, of sound mind, and sign a written document before two witnesses. The Will must meet the Wills Act 2000 (NT) requirements to be legally valid.
If you plan to make a Will in the Northern Territory, the Wills Act 2000 (NT) outlines all legal requirements. Anyone 18 or older with testamentary capacity can create a valid Will under this law. In this guide, you’ll learn each step—from writing down your wishes to signing with proper witnesses—so you can feel confident about your final decisions.
Why you need a Will in the NT?
A Will lets you decide how to distribute your property and assets, including real estate, financial accounts, and personal items, after your death. It also helps you plan for your family’s future. For example, you can name guardians for any minor children and give them the security they need if you’re gone.
Without a Will, Northern Territory intestacy rules dictate who inherits your estate. These rules may not match your personal wishes, and they can place extra burdens on your loved ones. By creating a Will in the NT, you keep control over what happens to your assets and reduce stress for those you leave behind.
Legal Requirements to make a Valid Will in the NT
Under the Wills Act 2000 (NT), you must follow certain steps for your Will to be valid. If you skip them, the courts may declare your Will invalid, which complicates probate and risks intestacy. Here’s what you need to do:
NT Will Requirements
18+ years old (exceptions apply if married or court-granted permission)
Testamentary capacity (sound mind)
In writing (typed or handwritten)
Signed by the testator in front of two witnesses
You must be at least 18 years old
Exceptions apply if you’re married or if a court grants permission.
Have testamentary capacity
You need to understand what a Will is, which assets you own, and who might have a claim on your estate. This is often called having “sound mind.”
Put it in writing
The NT does not recognise oral Wills. Your Will must be written—either typed or handwritten—and signed by you in front of two witnesses.
Sign with Two Witnesses
The person making the Will (the testator) must sign while both witnesses watch, all at once. Although a beneficiary can serve as a witness under NT law, that choice may invite extra scrutiny or disputes.
By following these rules, you help ensure your Will is valid and enforceable in the Northern Territory. If you ignore any of these steps, your Will could face legal challenges or end up subject to intestacy laws that might not align with your wishes.
NT-Specific Legal Considerations
Important NT Differences
Territory vs State: The NT is a territory, not a state, which means some legal processes may differ slightly from state jurisdictions.
Court Structure: The NT Supreme Court handles probate matters, and the territory has its own unique legal framework under the Wills Act 2000 (NT).
Intestacy Rules: NT intestacy laws have specific provisions that may differ from state laws, particularly regarding the distribution of assets.
Step-by-Step: How to Make a Will In The Northern Territory
1. Choose an Executor
When you make a Will in the NT, you should pick an executor who will manage your estate after you pass away. This individual handles crucial tasks, such as distributing your assets according to your wishes, paying outstanding debts, and completing legal steps—like applying for a Grant of Probate at the Supreme Court of the Northern Territory.Choose an Executor who is an organised and reliable adult that is comfortable dealing with financial and legal matters. Many people select a trusted family member, close friend, or professional advisor for this role.
You can also name a backup (alternate) executor if your first choice can’t serve. That way, your estate always has someone with the authority to act, regardless of changing circumstances.
2. Name a Guardian for Minor Children
If you have children under 18, deciding who will look after them if you’re gone is one of the most important parts of making a Will in the NT. By naming a guardian, you give a trusted individual the authority to handle daily decisions about education, healthcare, and overall well-being.Although this step is optional under the law, most parents see it as essential. If you don’t name a guardian, the courts may assign someone you wouldn’t have chosen.
It’s also a good idea to name a backup guardian if your first choice can’t serve. This extra planning ensures your children get the care you intended, no matter what happens.
3. Name a Pet Carer
When you make a Will in the NT, you can include instructions for your pets’ care. By appointing a dedicated pet carer, you ensure someone you trust will look after them and manage expenses like food and vet bills. For more guidance on choosing the right pet carer, see our 5 Things to Consider when choosing a pet guardian.Although the law doesn’t require you to name a pet carer, doing so keeps you in control of your animals’ future. If you leave this decision open, your executor or a Northern Territory court may assign someone who doesn’t share your preferences. To protect against unforeseen issues, consider naming a backup carer if your first choice can’t serve. This simple step helps you make sure your pets stay safe and well-cared-for, no matter what happens.
4. Decide who inherits your Residual Estate
After you distribute specific gifts and settle any debts or taxes, the residual estate covers what remains. This part may include property, savings, or valuable items you haven’t assigned to anyone else.- Name Your Beneficiaries: You can list one or more beneficiaries—family, friends, or charities. Provide each person’s full legal name and the share or percentage they receive.
- Appoint Backup Beneficiaries: If your first choices can’t inherit, alternates (contingent beneficiaries) ensure your assets still go where you want them. Learn more about why backup beneficiaries are essential in your Will.
5. Gifting Specific Items
If you own special belongings—like heirlooms, jewelry, artwork, or collectibles—you may want to leave them to specific people. Clearly identify each item in your Will (including photos, serial numbers, or detailed notes) to prevent disputes or misunderstandings.Before you make a Will in the NT, create a comprehensive list of your assets so you don’t overlook anything important. This inventory helps you specify who should receive each piece of property, ensuring your gifts reach the right individuals as you intended.
6. Any Additional Instructions or Provisions?
You can add optional clauses, like funeral preferences or instructions to sell certain assets. You might make a gift conditional or set up a trust until beneficiaries reach a specific age (e.g. receive benefit after they reach 25 years old). By laying out these extra details when you make a Will in the Northern Territory, you reduce ambiguity and help ensure your instructions are followed exactly as intended.
Review Your Will
Confirming Roles in Your Will
Before finalising your Will, check that each named Executor, Guardian, or Pet Carer understands their responsibilities. This proactive step helps prevent confusion and prepares everyone for what lies ahead.Discuss each role with both primary and backup candidates to avoid surprises later. By clarifying everyone’s duties when you make a Will in the NT, you create a smoother process for everyone involved.
Executors
Manage your estate and distribute assets according to your wishes after you pass away.
Guardians
Care for your minor children and make decisions about their upbringing and well-being.
Pet Carers
Look after your pets and ensure they receive proper care and attention.
Test Your Will
After you draft your Will, imagine various “what if” scenarios. For example, what if a main beneficiary dies before you, or a conditional gift doesn’t meet its conditions? By exploring these possibilities, you can find—and fix—any gaps in your estate plan.By testing these situations before you finalize your Will in the Northern Territory, you can update any sections that need more clarity. This proactive approach ensures your final document aligns with your true wishes, even if life’s circumstances change.
Signing Your Will
Signing Your Will In Front of Witnesses
After you draft your Will, print and sign it as the next crucial step. When you make a Will in the NT, follow these rules to ensure validity:Witness Requirements
- Have at least two witnesses watch you sign the Will simultaneously.
- They must be 18 or older and understand they’re witnessing your signature.
- Although NT’s law allows a beneficiary to witness, doing so may add extra legal steps—so it’s best to use disinterested witnesses.
Once you sign, both witnesses must also sign, confirming they saw you and that you appeared to have capacity (sound mind).
Is Notarisation Required?
You don’t need a notary for Wills in Australia, including the NT. As long as your Will meets the witness requirements, the Court accepts it as valid without a seal or stamp.
What about Online Wills in the NT?
If you use any Online Will platform in NT to make your Will, it is essential that your Will is printed and signed according to these instructions. Having a Will online in NT that has NOT been printed and signed will not be considered valid.
Action: Print your Will and sign it with two witnesses present at the same time. Both witnesses must watch you sign and then sign in your presence.
Storing Your Will
Keep Your Will Safe
NT doesn’t operate a registry for Wills made by living people, therefore you must protect the original signed document. For more detailed information about will storage, read our guide on Where is the Safest Place to Store Your Will.Here are three common ways to store it when you make a Will in the NT:
Store at Home
Keep your Will at home in a locked drawer, safe or fireproof box. Ensure your Executor knows where to find your Will.
With an Attorney
If you worked with a lawyer, they may offer to store the original Will in a secure location for you.
Trusted Person
You can also leave the Will with a trusted person who knows its importance and will keep it safe from loss or damage.
Always tell your executor (and any backups) where you’ve placed the original Will. If they can find it quickly, they’ll avoid legal or administrative delays when your estate needs settling.
Although online wills in NT (digital copies) are handy for reference, only the original signed Will carries legal weight in the Northern Territory. Be sure your executor knows exactly where to find it to avoid complications.
FAQs: Making A Will In The Northern Territory
Ready to Create Online Wills in the Northern Territory?
For many, taking the first step is the hardest part. Whether you make a will using a lawyer, or make a will online, the process of making that Will legally valid is the same. Wills created in Australia must meet the formal requirements set out in their respective state or territory (including the NT). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
If you need help, why not try Will Hero? You can sign up for free and draft a Will visually. Clarify your wishes as you learn about Wills and estate planning with our guides and AI Assistant. See how our step-by-step process works to understand what’s involved.
We’re making it easier than ever to create your very own online wills in the NT. You can also test your Will under different scenarios using a free Scenario Testing account. Upgrade only if you want to review the written document. Will Hero aims to make Will creation more visual, interactive, and even fun—instead of difficult or daunting.
Will Hero helps you prepare a legal will online that is easy to print and complete according to Australian requirements. Our digital will service prepares your Will for delivery or download.
Will Hero helps you make Online Wills in the NT
Don’t put off creating your Will any longer. With Will Hero, making an online will in the NT is simple, affordable and stress-free. Sign up for your free account and pay when you are happy you have created the Will you want. Start protecting your loved ones and assets with a legally valid digital Will tailored to your needs.
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Make online wills for the NT using visualisations to help you see and understand how your Will works.Learn how it works.
AI Assistance
24/7 help to guide you and answer any questions about Wills, estate planning and the NT local laws.View our FAQ.
Scenario Testing
See how different circumstances such as people passing away before you impact your estate.
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Please note: Wills created in Australia must meet the formal requirements set out in their respective state or territory (including the NT). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
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Ready to secure your legacy and protect your loved ones? Start creating your online wills in the NT today. Our free trial allows you to experience the process firsthand before committing!
Follow the links and start creating a will in a matter of minutes, or call us on 1800 136 069 if you have any questions. We’ll be more than happy to help!
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
