In the NT, you have several ways to make a Will:

• Use an Online Platform: For simpler estates, a service like "Will Hero" offers an affordable, convenient way to create a valid Will online in the NT. Our visual interface walks you through each step to ensure you cover all essentials.

• Hire a Lawyer: Ideal if your estate is large or complex, or if you want personalised legal guidance. Lawyers can assist with estate tax planning, trusts, and other specialised issues.

• Handwrite Your Will: As long as you meet the witnessing requirements (see FAQ #3), a handwritten Will can be legally valid in the NT.

No. You don’t have to hire a lawyer to create a valid Will in the NT. If your affairs are straightforward and your wishes are clear, an online or handwritten Will often suffices. However, if your estate is complex or you’re worried about tax planning or trusts, consulting a legal professional can provide extra peace of mind.

Yes. When you make a Will in the Northern Territory, handwriting it is perfectly valid if you follow the correct steps. Under the Wills Act 2000 (NT), the testator must sign any typed or handwritten Will in front of two witnesses who watch at the same time. If a handwritten Will doesn’t meet these requirements, the NT’s Supreme Court may use its “dispensing power” to declare it valid, but that route is uncertain and can be expensive. To avoid complications, use two independent witnesses from the outset—no matter how you create your Will.

To avoid issues, always use two independent witnesses—right from the start—whether your Will is typed or handwritten.

Australia, including the NT, does not levy inheritance or estate taxes (“death duties”). However, you might owe capital gains tax (CGT) if you sell inherited property, shares, or other assets for a profit.

Receiving an inheritance doesn’t trigger tax by itself, but large or complex estates (especially those involving property or investments) may carry extra tax considerations. If you have questions about CGT or other tax rules, consult a qualified professional in the NT to clarify your obligations.

No. The Northern Territory does not require notarization for a valid Will. You only need to meet witnessing requirements—two witnesses must watch you sign, and they must sign in your presence. As long as you comply with the Wills Act 2000 (NT), your Will is considered valid without a notary.

Absolutely. If you have testamentary capacity (sound mind), you can update your Will any time your circumstances shift. You usually have two main options:

• Add a Codicil: A codicil acts as a legal amendment to your existing will. Sign and witness it just like the original.
• Create a New Will: Draft a new will that replaces your old one, and clearly state that it revokes all prior wills and codicils. After signing, destroy every copy of the old will to avoid confusion or disputes.

If your changes are complex—such as setting up a trust or altering major bequests—consult a Northern Territory legal professional to ensure your revisions hold up.

If you die intestate (without a Will), Northern Territory intestacy laws determine how your estate is divided. Usually, your closest relatives inherit, but if you have no immediate family, the government may claim your assets.

A court may also appoint a guardian for any minor children you leave behind, potentially overriding your personal preferences. By creating a Will in the NT, you keep control over who manages your estate and who cares for your children.

Probate is the legal process that confirms your Will’s validity and oversees the proper distribution of your estate. If you die without a Will, NT intestacy laws determine who inherits. In the Northern Territory, the Supreme Court (via its Probate Office) issues a Grant of Probate—your executor usually applies for this. Here’s how it works:

1. Filing the Will The executor files the Will with the Supreme Court of NT, along with a petition to open probate. If no Will exists, they submit a petition for intestate succession.

2. Appointing an Executor If a valid Will names an executor, that person manages the estate. If the Will lacks an executor—or if there’s no Will—the court appoints an administrator.

3. Inventory of Assets TThe executor identifies and values the deceased’s property—like bank accounts, investments, personal belongings, and debts.** Before distributing anything, the executor settles debts, taxes, and final bills (such as mortgages or credit cards).

5. Distributing the Estate Once everything is paid, the executor distributes the remaining assets to the beneficiaries named in the Will. If no Will exists, the estate goes to heirs under NT’s intestacy rules.

6. Closing the Estate After fulfilling every obligation, the executor files a final petition to officially wrap up probate.

When you make a Will in the Northern Territory, you choose an executor who typically manages these steps on your behalf.

Probate in the Northern Territory can run from a few months to over a year. Key factors include:

• Estate Complexity: Multiple properties, business interests, or foreign assets can extend the process.
• Beneficiary Disputes: Contested Wills add court proceedings, which prolong probate.
• Court Schedules: The NT Supreme Court’s timeline also affects how quickly probate moves.

Straightforward estates without disputes or missing paperwork may wrap up sooner—sometimes within a few months

You can’t always bypass probate, but you can reduce it by arranging certain assets so they won’t enter your estate. Popular strategies include::

• Joint Tenancy/Ownership (Right of Survivorship): Property held in joint tenancy automatically passes to the surviving owner.

• Beneficiary Designations: Superannuation (retirement) and life insurance policies often bypass the estate if you name beneficiaries.

• Family Trusts: A family trust lets you transfer asset ownership into the trust while you're alive. The trust holds these assets during your lifetime, then transfers them to your chosen beneficiaries after death. Because the trust, not you, owns the assets, they don't require probate. Make sure you move items (real estate, bank accounts, investments) into the trust correctly to benefit from this arrangement.

If streamlining probate is important when you make a Will in the NT, talk to a legal advisor early. Proper planning can save your loved ones time, money, and stress.

The NT operates under territory law rather than state law, which creates some key differences:

• Legal Framework: The NT uses the Wills Act 2000 (NT) rather than state succession acts
• Court System: The NT Supreme Court handles probate matters, with territory-specific procedures
• Intestacy Rules: NT intestacy laws have unique provisions for asset distribution
• Administrative Processes: Some legal processes may have different requirements or timelines

While the core will-making process is similar across Australia, these territory-specific differences can affect how your will is interpreted and executed. This is why it's important to ensure your will complies with NT law specifically.