Wills & Estate Administration

Do I need a will in the NT?

Yes - having a valid will is the only way to ensure your assets are distributed according to your wishes when you die. Without a will, the NT's intestacy rules under the Administration and Probate Act 1969 (NT) determine who gets what, and the outcome may not reflect your intentions - particularly if you have a de facto partner, stepchildren, or dependants outside your immediate family. A professionally drafted will also makes the administration of your estate much simpler and less costly for the people you leave behind. Maleys Barristers & Solicitors drafts wills for clients across Darwin and the NT and stores them at our office at no charge.

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

Dying without a valid will is called dying intestate. In the NT, your estate is distributed according to the intestacy provisions in Schedule 6 of the Administration and Probate Act 1969 (NT), which follows a set formula based on your surviving family members. Your spouse or de facto partner is typically first in line, followed by children, then other relatives. If you have no surviving relatives, your estate passes to the NT government. This process can be slower, more complicated, and more expensive than administering an estate with a valid will - and it may not reflect what you actually wanted. Anyone who isn't recognised as a close family member under the Act may receive nothing.

What makes a will valid in the NT?

Under the Wills Act 2000 (NT), a valid will must be in writing, signed by the person making the will (the testator), and witnessed by two adults who are both present at the same time when the will is signed. Both witnesses must also sign the will in the testator's presence. The testator must be at least 18 years old (with limited exceptions for married persons or by court order) and must have the mental capacity to understand what they are doing. Importantly, a witness - or their spouse or de facto partner - should not be a beneficiary under the will, as the gift to that witness may be void. It is strongly recommended that wills be professionally drafted to ensure they are clear, legally sound, and properly executed.

What is probate and do I always need it in the NT?

Probate is the formal process by which the NT Supreme Court confirms the validity of a will and authorises the executor to deal with the deceased's estate. Not every estate requires probate - it is generally needed when the estate includes real property held in the deceased's name, or where financial institutions require it before releasing funds. Smaller estates or those where assets were held jointly may not need probate. Whether probate is required depends on the specific assets and circumstances of each estate. Maleys can advise you on whether probate is necessary in your situation.

How long does probate take in the NT?

In the NT, there is a mandatory 14-day notice publication period before a probate application can even be lodged with the Supreme Court. Once lodged, in straightforward matters the Court typically grants probate within approximately 4 to 6 weeks, meaning the total process from instruction to grant is generally around 6 to 10 weeks. Complex estates, incomplete documentation, or court requisitions can extend this significantly. Once probate is granted, the administration of the estate - collecting assets, paying debts, and distributing to beneficiaries - can take additional months depending on the circumstances. Maleys will keep you informed at every stage of the process.

What is Letters of Administration?

Letters of Administration is a grant made by the NT Supreme Court under the Administration and Probate Act 1969 (NT) that authorises a person - usually the next of kin - to administer the estate of someone who has died without a valid will. It serves a similar purpose to probate but applies where there is no executor appointed in a will. The administrator has the legal authority to collect assets, pay debts, and distribute the estate in accordance with the NT's intestacy rules. Maleys Barristers & Solicitors assists families in obtaining Letters of Administration and managing the estate administration process across the NT.

Can a will be contested in the NT?

Yes. Under the Family Provision Act 1970 (NT), certain people who have been left out of a will or who received less than they expected may be able to make a family provision claim against the estate. A spouse or biological/adopted child of the deceased can apply unconditionally. A de facto partner, former spouse, stepchild, parent or grandchild may also be eligible but generally needs to show the deceased was providing them substantial maintenance at the time of death. Claims must be filed with the NT Supreme Court within 12 months of the Grant of Probate or Letters of Administration - not from the date of death. Time limits are strictly applied and applications cannot be entertained after the estate has been fully distributed, so it is important to seek legal advice as early as possible.

What does an executor do?

An executor is the person named in a will to carry out the deceased's wishes and administer their estate. The role involves locating and collecting assets, notifying relevant organisations (banks, government agencies, superannuation funds), paying any outstanding debts and taxes, managing any disputes between beneficiaries, and ultimately distributing the estate to the beneficiaries named in the will. Executors have a legal duty to act in the interests of the estate and its beneficiaries, and can be held personally liable for mistakes. Maleys Barristers & Solicitors provides practical legal support to executors throughout the administration process.

Does Maleys store wills?

Yes. Maleys Barristers & Solicitors stores wills for clients at our Darwin office free of charge. Safe storage of your will is important - a will that cannot be found when needed can cause significant delay and stress for your family. By storing your will with us, you can be confident it will be accessible when it matters most. We maintain a secure record of all wills in our care and can release your will to the appropriate person following your death. Ask us about will storage when you come in to have your will drafted.

What is an Advance Personal Plan in the NT?

In the NT, the traditional enduring power of attorney has been replaced by the Advance Personal Plan (APP) under the Advance Personal Planning Act 2013 (NT), which came into effect on 17 March 2014. An APP allows you to appoint trusted people to make medical, personal, and financial decisions on your behalf if you lose the capacity to make those decisions yourself - for example, due to illness, accident, or cognitive decline. An APP can cover healthcare and medical treatment decisions, personal and lifestyle decisions, and financial and property matters. Any enduring power of attorney made before 17 March 2014 remains valid. Maleys Barristers & Solicitors can prepare an APP tailored to your circumstances and ensure it is properly executed.