How to make a valid will in the NT

Planning for the future isn’t always easy, but a valid will is one of the most important steps to ensure your wishes are carried out and your loved ones are protected. A will is a legal document that sets out how your property, money and belongings will be distributed after your death and names the person responsible for managing your estate.

This guide explains the key requirements for making a valid will in the Northern Territory, common pitfalls, and how Halfpennys’ experienced Darwin will lawyers can help ensure your wishes are upheld.

Essential requirements for a valid will

A will must meet strict legal requirements to be recognised as valid in the Northern Territory. If these requirements aren’t followed, your will could be challenged or disregarded altogether.

Age requirements for making a will

In the NT, you must be at least 18 years old to make a valid will. Exceptions are very limited, such as for those who are married or in specific court-approved situations.

Mental capacity to make a will

A person making a will (the testator) must have the mental capacity to understand what they are doing. This includes:

• Understanding the nature and effect of the will

• Knowing the extent of their assets

• Recognising the people who could reasonably expect to benefit from their estate

If there are doubts about capacity, such as in cases of illness or cognitive decline, medical evidence is often used to confirm that the will-maker understood their decisions at the time of signing.

Proper execution and witnessing

To be legally binding, a will must follow formal execution procedures. This includes:

• The will being in writing

• The testator signing the will at the end of the document

• The signing being witnessed by at least two people present at the same time

Witnesses must also sign the will in the presence of the testator. This process helps confirm that the will was properly made and not tampered with later.

Restrictions on witnesses

It’s important that witnesses are not beneficiaries (or spouses of beneficiaries) under the will. If they are, the gifts made to them may be declared invalid. Choosing independent witnesses is the safest way to ensure the will is upheld. The witnesses do not need to know what the will says.

Common pitfalls that invalidate wills

Even when a will has been written with the best intentions, certain mistakes can make it invalid or open to challenge in court. For example:

Errors in drafting or execution

A will must be in writing, dated and signed correctly in front of two witnesses. Technical errors, such as unsigned pages or unclear wording, can result in the will being considered invalid or needing court interpretation. This can cause delays, added costs and stress for your loved ones.

Problems with witnesses

Witnessing is one of the most common areas where wills go wrong. Pitfalls include:

• Using beneficiaries or their spouses as witnesses (which can cancel their entitlement to inherit)

• Having witnesses who weren’t present together when the will was signed

• Forgetting to have witnesses sign immediately after the will-maker

To avoid disputes, it’s always safest to use two independent witnesses.

Unclear or informal changes

Making handwritten amendments, adding notes or attaching separate documents without following formal requirements can create confusion. Any change, whether it’s adding a new beneficiary or altering an amount, needs to be made through a properly executed codicil (a legal amendment to a will) or, better still, by drafting a new will.

Capacity, influence, and duress

A will can be challenged if there are concerns that the will-maker lacked mental capacity, was pressured by someone else or signed under duress. Disputes of this nature often arise when:

• The will-maker was elderly or unwell

• A new or unexpected beneficiary appears in the will

• There is evidence of coercion or manipulation

These disputes are often complex and costly, highlighting the importance of a clearly executed will made freely by the testator.

The risks of DIY will writing

It can be tempting to save time and money by using a do-it-yourself (DIY) will kit or drafting a will at home. However, they often carry hidden risks that can cause more harm than good.

Technical defects that make wills invalid

DIY wills frequently fail because the strict legal requirements for signing and witnessing aren’t followed properly. Common issues include:

• Forgetting to date the will

• Using only one witness, or witnesses who aren’t present together

• Having a beneficiary act as a witness which can cancel their inheritance

Even small mistakes can result in the will being declared invalid, leaving your estate to be divided under intestacy laws.

Overlooking important estate planning details

A will is more than a list of who gets what. It can:

• Appoint executors and back-up executors

• Nominate guardians for children or dependents

• Establish trusts for minors or vulnerable beneficiaries

• Set out funeral wishes or charitable donations

Costly disputes and family conflict

An unclear or invalid will can lead to family disagreements and, in some cases, lengthy and expensive court battles. Instead of providing certainty and peace of mind, a DIY will may leave loved ones with legal and financial burdens during an already difficult time.

How Halfpennys ensures will validity

At Halfpennys, we make the process of creating a valid will simple and stress-free. With decades of experience in NT estate law, we ensure your will meets all legal requirements and reflects your personal wishes.

We provide:

• Clear guidance on NT estate law and changing regulations

• Proper will execution and witnessing

• Personalised advice that reflects your assets and family situation

• Secure storage of your will for future peace of mind

Even if you’ve delayed organising your will, it’s never too late to protect your estate. Contact Halfpennys Lawyers today for expert advice and professional assistance to ensure your wishes are carried out.