{"id":"wills-act-2000","name":"Wills Act 2000","slug":"wills-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30715,"registerId":"nt-wills-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wills Act 2000","content":"NORTHERN TERRITORY OF AUSTRALIA\nWILLS ACT 2000\nAs in force at 1 January 2022\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Purpose ........................................................................................... 2\n5 Application of Act ............................................................................. 2\nPart 2 Capacity and formal requirements\nDivision 1 Capacity\n6 Property that may be disposed of by will ......................................... 3\n7 Minimum age for making will ........................................................... 3\nDivision 2 Execution of wills\n8 How wills should be executed.......................................................... 4\n9 Witnesses need not know the contents of what they are\nsigning ............................................................................................. 4\n10 When Court may dispense with requirements for execution of\nwills .................................................................................................. 5\n11 Persons who may not be witnesses to wills ..................................... 5\n12 Can interested witnesses benefit from dispositions under\nwills? ................................................................................................ 6\nDivision 3 Revocation, alteration and revival of wills\n13 How wills may be revoked ............................................................... 6\n14 Effect of marriage on wills................................................................ 7\n15 Effect of divorce etc. on wills ........................................................... 7\n16 How wills may be altered ................................................................. 8\n17 How wills may be revived ................................................................ 9\nPart 3 Wills made or rectified under court\nauthorisation\nDivision 1 Wills made by minors\n18 Court may authorise wills by minors ................................................ 9\n\nWills Act 2000 ii\nDivision 2 Wills for persons without testamentary\ncapacity\n19 Court may make certain orders regarding persons without\ntestamentary capacity .................................................................... 11\n20 Leave of Court is required to make application.............................. 11\n21 Court must be satisfied as to certain matters................................. 12\n22 Orders Court may make on application for leave ........................... 13\n23 Application for authorisation of making etc. of will ......................... 13\n24 Execution of will ............................................................................. 14\n25 Retention of will or instrument ....................................................... 14\n26 Recognition of statutory wills ......................................................... 14\nDivision 3 Rectification of wills by Court\n27 Court may rectify will ..................................................................... 15\nPart 4 Construction of will\n28 What interests in property do wills dispose of? .............................. 16\n29 When do wills take effect? ............................................................. 16\n30 Effect of failure of dispositions ....................................................... 16\n31 Use of extrinsic evidence to clarify wills ......................................... 16\n32 Effect of change in testator's domicile ........................................... 17\n33 Income on contingent, future or deferred dispositions ................... 17\n34 Beneficiaries must survive testator by 30 days .............................. 17\n35 What do general dispositions of property include? ........................ 17\n36 What do general dispositions of land include?............................... 17\n37 Effect of devise of real property without words of limitation ........... 18\n38 How dispositions to issue operate ................................................. 18\n39 How requirements to survive with issue are to be construed ......... 18\n40 Dispositions not to fail because issue have died before\ntestator .......................................................................................... 18\n41 Construction of dispositions ........................................................... 19\n42 Legacies to unincorporated associations of persons ..................... 19\n43 Can persons delegate, by will, power to dispose of property? ....... 20\n44 Effect of referring to valuation in a will ........................................... 20\nPart 5 Wills under foreign law\n45 Definition of internal law ................................................................ 21\n46 General rule as to formal validity ................................................... 21\n47 Ascertainment of system of internal law ........................................ 22\n48 Construction of the law applying to wills under foreign law ............ 22\n48A Part does not limit international wills provisions............................. 23\nPart 5A International wills\n48B Definitions ...................................................................................... 23\n\nWills Act 2000 iii\n48C Application of Convention .............................................................. 23\n48D Persons authorised to act in connection with international wills .... 23\n48E Witnesses to international wills ...................................................... 24\n48F Application of Act to international wills ........................................... 24\nPart 6 Deposit of wills with prescribed person\n49 Prescribed person ......................................................................... 24\n50 Will may be deposited with prescribed person............................... 24\n51 Delivery of will by prescribed person ............................................. 25\n52 Examination of will by prescribed person ...................................... 26\n53 Failure to retain will does not affect validity of will ......................... 26\nPart 7 Miscellaneous\n54 Persons who are entitled to see will .............................................. 26\n55 Personal representative may make maintenance distribution\nwithin 30 days ................................................................................ 26\n56 Regulations.................................................................................... 27\n57 Repeal ........................................................................................... 28\n58 Savings .......................................................................................... 28\nSchedule Repealed Acts\nSchedule 2 Annex to Convention providing a Uniform\nLaw on the Form of an International Will\n1973\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 January 2022\n____________________\nWILLS ACT 2000\nAn Act to clarify, amend and reform the law relating to the making,\nalteration, revocation, rectification and construction of wills and for\nrelated purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Wills Act 2000.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nConvention, for Part 5A, see section 48B.\nCourt means the Supreme Court.\ndisposition means a disposition by will and includes:\n(a) a gift, devise or bequest of property under a will;\n(b) the creation by will of a power of appointment affecting\nproperty; and\n(c) the exercise by will of a power of appointment affecting\nproperty.\ndocument means any paper or other material on which there is\nwriting.\ninternal law, for Part 5, see section 45.\ninternational will, for Part 5A, see section 48B.\nminor means a person who is less than 18 years of age.\n\nPart 1 Preliminary\nWills Act 2000 2\nprescribed person means a person prescribed under section 49(1)\nto be a person with whom wills may be deposited or, if no such\nperson has been prescribed, the Public Trustee.\nproperty includes:\n(a) a contingent, executory or future interest in property;\n(b) a right of entry or recovery of property; and\n(c) a right to call for the transfer of title to property.\nPublic Trustee has the same meaning as in section 5 of the Public\nTrustee Act 1979.\nRegistrar means the Registrar of the Supreme Court performing\nthe functions of the Registrar of Probates.\nwill includes a codicil and any other testamentary disposition.\n4 Purpose\nThe purpose of this Act is to clarify, amend and reform the law\nrelating to the making, alteration, rectification, revocation and\nconstruction of wills and to make particular provision for:\n(a) the formalities required for the making, alteration and\nrevocation of wills and the dispensation of those requirements\nin appropriate cases;\n(b) the making of wills by minors and other persons lacking\ntestamentary capacity; and\n(c) the effect of marriage and divorce on wills.\n5 Application of Act\n(1) Subject to this section, this Act applies only to wills executed on or\nafter the commencement of this Act.\n(2) Subject to subsections (3) and (4), the Wills Act 1938 in force\nimmediately before the commencement of this Act continues to\napply to wills executed before the commencement of this Act.\n(3) If:\n(a) a person is divorced after the commencement of this Act; or\n(b) a person's marriage is annulled after the commencement of\nthis Act,\n\nPart 2 Capacity and formal requirements\nDivision 1 Capacity\nWills Act 2000 3\nsection 15 applies to the person's will (if any) whether the will was\nexecuted before, on or after the commencement.\n(4) If a testator dies on or after the commencement of this Act,\nsections 6, 9, 10, 11, 12, 13, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37,\n42, 43 and 44 apply to his or her will whether it was executed\nbefore, on or after that commencement.\nPart 2 Capacity and formal requirements\nDivision 1 Capacity\n6 Property that may be disposed of by will\n(1) A person may dispose by will of property to which the person is\nentitled at the time of his or her death.\n(2) A person may dispose by will of property to which the personal\nrepresentative of that person becomes entitled by virtue of the\noffice of personal representative after the death of that person.\n(3) Subsection (2) applies whether or not the entitlement of the person\nor of the personal representative exists at the date of making the\nwill or at the time of the person's death.\n(4) A person may not dispose by will of property of which the person is\ntrustee at the time of his or her death.\n7 Minimum age for making will\n(1) Subject to subsection (2) and Part 3, a will made by a minor is not\nvalid.\n(2) A minor:\n(a) may make a will in contemplation of marriage (and may alter\nor revoke the will) but the will is of no effect if the marriage\ncontemplated does not take place;\n(b) if he or she is married – may make, alter or revoke a will; and\n(c) if he or she has been married – may revoke the whole or any\npart of a will made while the minor was married or in\ncontemplation of his or her marriage.\n\nPart 2 Capacity and formal requirements\nDivision 2 Execution of wills\nWills Act 2000 4\nDivision 2 Execution of wills\n8 How wills should be executed\n(1) A will is not valid unless:\n(a) it is in writing and signed by the testator or by some other\nperson in the presence of and at the direction of the testator;\n(b) the signature is made or acknowledged by the testator in the\npresence of 2 or more witnesses present at the same time;\nand\n(c) at least 2 of those witnesses attest and sign the will in the\npresence of the testator.\n(2) It is not necessary for the 2 witnesses referred to in\nsubsection (1)(c) to attest and sign the will in the presence of each\nother.\n(3) The signature of the testator:\n(a) must be made with the intention of executing the will; and\n(b) is not required to be made at the foot of the will.\n(4) It is not necessary for a will to have an attestation clause.\n(5) If a testator purports to make an appointment by his or her will in\nthe exercise of a power of appointment by will, the appointment is\nnot valid unless the will is executed in accordance with this section.\n(6) If:\n(a) a power is conferred on a person to make an appointment by\na will that is to be executed in some particular manner or with\nsome particular solemnity; and\n(b) the person exercises the power by a will that is in accordance\nwith this section and not in that manner or with that solemnity,\nthe exercise of the power is valid.\n9 Witnesses need not know the contents of what they are\nsigning\nA will that is executed in accordance with this Act is validly\nexecuted even if one or more of the witnesses to the will did not\nknow that the document he or she attested and signed was a will.\n\nPart 2 Capacity and formal requirements\nDivision 2 Execution of wills\nWills Act 2000 5\n10 When Court may dispense with requirements for execution of\nwills\n(1) In this section, document means a record of information and\nincludes:\n(a) anything on which there is writing;\n(b) anything on which there are marks, figures, symbols or\nperforations having a meaning for persons qualified to\ninterpret them;\n(c) anything from which sounds, images or writings can be\nreproduced with or without the aid of another thing or device;\nand\n(d) a map, plan, drawing or photograph.\n(2) If the Court is satisfied that a deceased person intended a\ndocument or part of a document that purports to embody the\ntestamentary intentions of the deceased person (but which is not\nexecuted in the manner required by this Act) to constitute his or her\nwill or an alteration of his or her will or to revoke his or her will, the\ndocument or part of the document constitutes the will of the\ndeceased person or an alteration of the will or revokes the will, as\nthe case requires.\n(3) In forming its view whether a deceased person intended a\ndocument or part of a document to constitute his or her will or an\nalteration of his or her will or to revoke his or her will, the Court may\nhave regard (in addition to the document or a part of the document)\nto any evidence relating to the manner of execution or the\ntestamentary intentions of the deceased person, including evidence\n(whether or not admissible before the commencement of this\nsection) of statements made by the deceased person.\n(4) This section applies to a document whether it came into existence\nin or outside the Territory.\n11 Persons who may not be witnesses to wills\nA person who is not able to see and attest that a testator has\nsigned a document may not be a witness to a will.\n\nPart 2 Capacity and formal requirements\nDivision 3 Revocation, alteration and revival of wills\nWills Act 2000 6\n12 Can interested witnesses benefit from dispositions under\nwills?\n(1) Subject to subsection (2), if a beneficial disposition is given or made\nby will to a person who is a witness to the will, the disposition is\nvoid to the extent that it concerns the person or a person claiming\nunder him or her.\n(2) A beneficial disposition is not void under subsection (1) if:\n(a) at least 2 of the witnesses to the will are not persons to whom\na beneficial disposition is given or made by the will;\n(b) all the persons who would benefit directly from the avoidance\nof the disposition consent in writing to the distribution of the\ndisposition according to the will; or\n(c) the Court is satisfied that:\n(i) the testator knew and approved of the disposition; and\n(ii) the disposition was given or made freely and voluntarily\nby the testator.\nDivision 3 Revocation, alteration and revival of wills\n13 How wills may be revoked\nThe whole or a part of a will may be revoked but only:\n(a) in the circumstances in respect of revoking a will specified in\nDivision 1 or 2 of Part 3;\n(b) by the operation of section 14 or 15;\n(c) by a later will;\n(d) by some writing declaring an intention to revoke the will,\nexecuted in the manner in which a will is required to be\nexecuted by this Act;\n(e) by the testator, or another person in the testator's presence\nand at the testator's direction, burning, tearing or otherwise\ndestroying the will with the intention of the testator of revoking\nit; or\n(f) by the testator, or another person in the testator's presence\nand at the testator's direction, writing on the will or dealing\nwith the will in such a manner that the Court is satisfied from\nthe state of the will that the testator intended to revoke it.\n\nPart 2 Capacity and formal requirements\nDivision 3 Revocation, alteration and revival of wills\nWills Act 2000 7\n14 Effect of marriage on wills\n(1) Subject to this section, a will is revoked by the marriage of the\ntestator.\n(2) The marriage of a testator does not revoke the following:\n(a) a disposition to the person to whom the testator is married at\nthe time of his or her death;\n(b) an appointment as executor, trustee, advisory trustee or\nguardian of the person to whom the testator is married at the\ntime of his or her death; and\n(c) a will made in exercise of a power of appointment but only in\nthe case where the property appointed would not pass to the\nexecutor, administrator or the Public Trustee if the power of\nappointment was not exercised.\n(3) A will made in contemplation of a marriage, whether or not that\ncontemplation is expressed in the will, is not revoked by the\nsolemnisation of that marriage.\n(4) A will that is expressed to be made in contemplation of marriage\ngenerally is not revoked by the solemnisation of a marriage of the\ntestator.\n15 Effect of divorce etc. on wills\n(1) In this section testator's spouse means the person who is the\ntestator's spouse immediately before the testator's marriage ends\nby divorce or annulment.\n(2) For the purposes of this section, a testator's marriage ends by\ndivorce or annulment:\n(a) when a decree of dissolution of the testator's marriage\nbecomes absolute under the Family Law Act 1975 of the\nCommonwealth;\n(b) on the granting of a decree of nullity in respect of the testator's\nmarriage by the Family Court; or\n(c) on the dissolution or annulment of the marriage in accordance\nwith the law of a place outside Australia, but only if that\ndissolution or annulment is recognised in Australia under the\nFamily Law Act 1975 of the Commonwealth.\n\nPart 2 Capacity and formal requirements\nDivision 3 Revocation, alteration and revival of wills\nWills Act 2000 8\n(3) The divorce of a testator or annulment of his or her marriage\nrevokes:\n(a) a beneficial disposition made by the testator to the testator's\nspouse in a will in existence at the time of the divorce or\nannulment;\n(b) an appointment of the testator's spouse as an executor,\ntrustee, advisory trustee or guardian made by the will; and\n(c) a grant made by the will of a power of appointment\nexercisable by or in favour of the testator's spouse.\n(4) Subsection (3) does not apply if a contrary intention appears in the\nwill or is otherwise established.\n(5) The divorce of a testator or the annulment of his or her marriage\ndoes not revoke:\n(a) the appointment of the testator's spouse as trustee of property\nleft on trust for beneficiaries that include the spouse's children\nby a will in existence at the time of the divorce or annulment;\nor\n(b) the grant made by the will of a power of appointment\nexercisable by the testator's spouse exclusively in favour of\nthe children of whom both the testator and his or her spouse\nare the parents.\n(6) A will referred to in this section takes effect in respect of the\nrevocation by this section of a disposition, appointment or grant as\nif the testator's spouse had died before the testator.\n16 How wills may be altered\n(1) An alteration made to a will after the will is executed is not effective\nunless the alteration:\n(a) is executed in a manner in which a will is required to be\nexecuted by this Act;\n(b) is made by a minor pursuant to an order of the Court made\nunder section 18(1) and is otherwise in accordance with\nsection 18;\n(c) is made for and on behalf of a person without testamentary\ncapacity pursuant to an order of the Court made under\nsection 19(1) and is otherwise in accordance with Division 2 of\nPart 3; or\n\nPart 3 Wills made or rectified under court authorisation\nDivision 1 Wills made by minors\nWills Act 2000 9\n(d) is a document that under section 10 the Court is satisfied\nembodies testamentary intentions of a deceased person and\nso constitutes an alteration to the will of the deceased person;\nor\n(e) obliterates words in the will so that their effect is no longer\napparent.\n(2) In altering a will, it is sufficient compliance with the requirements for\nexecution if the signatures of the testator and of the witnesses to\nthe alteration are made:\n(a) in the margin or on some other part of the will beside, near or\notherwise in relation to the alteration; or\n(b) as authentication of a memorandum referring to the alteration\nand written on the will.\n(3) This section does not apply to an alteration to a will if the words or\neffect of the will are no longer apparent because of the alteration.\n17 How wills may be revived\n(1) A will or a part of a will that has been revoked is revived by\nre-execution or by execution of a will showing an intention to revive\nthe will or part.\n(2) A will that has been revoked and is later wholly or partly revived is\nto be taken to have been executed on the date on which the will or\npart of the will is revived.\n(3) If a will is partly revoked and later a part or the whole of the\nremaining will is revoked, a will reviving the will revives only that\npart of the will most recently revoked.\n(4) Subsection (3) does not apply if a contrary intention appears in the\nreviving will.\nPart 3 Wills made or rectified under court\nauthorisation\nDivision 1 Wills made by minors\n18 Court may authorise wills by minors\n(1) The Court may, on application by or on behalf of a minor, make an\norder authorising the minor to:\n(a) make or alter a will in the terms approved by the Court; or\n\nPart 3 Wills made or rectified under court authorisation\nDivision 1 Wills made by minors\nWills Act 2000 10\n(b) revoke the whole or a part of the will of the minor.\n(2) Before making the order the Court must be satisfied that:\n(a) the minor understands the nature and effect of the proposed\nwill or alteration or revocation of the will and the extent of the\nproperty disposed of by it;\n(b) the proposed will or alteration or revocation of the will\naccurately reflects the intentions of the minor; and\n(c) it is reasonable in all the circumstances that the order should\nbe made.\n(3) The Court may make an order under subsection (1) subject to the\nterms and conditions the Court considers fit.\n(4) A will or an instrument made pursuant to an order made under\nsubsection (1) that makes or alters or revokes the whole or a part of\na will is not valid unless:\n(a) it is executed as required by this Act;\n(b) one of the attesting witnesses is the Registrar; and\n(c) it is made in accordance with the conditions of the order.\n(5) After the will or instrument referred to in subsection (4) is executed,\nthe Registrar must:\n(a) if the Registrar is a prescribed person – retain the will or\ninstrument; or\n(b) in any other case – deposit the will or instrument with a\nprescribed person,\nand, on the will or instrument being retained by or deposited with a\nprescribed person under paragraph (a) or (b), it is to be taken to\nhave been deposited with the prescribed person in accordance with\nPart 6.\n(6) A will made by a deceased minor is a valid will if it is made in\naccordance with the law relating to wills of minors in force in the\nplace where the deceased was residing at the time of execution of\nthe will.\n\nPart 3 Wills made or rectified under court authorisation\nDivision 2 Wills for persons without testamentary capacity\nWills Act 2000 11\nDivision 2 Wills for persons without testamentary capacity\n19 Court may make certain orders regarding persons without\ntestamentary capacity\n(1) The Court may, on application, make an order under this Division\nauthorising:\n(a) the making or alteration of a will in the terms approved by the\nCourt; or\n(b) the revocation of the whole or a part of a will,\nfor and on behalf of a person who lacks testamentary capacity.\n(2) An order referred to in subsection (1)(a) may authorise:\n(a) the making or alteration of a will that deals with the whole or\npart only of the property of the person; or\n(b) the alteration of part only of the will of the person.\n(3) The Court must not make an order under this Division unless the\nperson in respect of whom the application is made is alive when the\norder is made.\n(4) The Court may make an order under this Division in respect of a\nminor.\n20 Leave of Court is required to make application\n(1) A person must obtain the leave of the Court to make an application\nto the Court for an order under this Division.\n(2) In applying for the leave of the Court, the person must file at the\nCourt:\n(a) a written statement of the general nature of the application for\nthe order and the reasons for making it;\n(b) an estimate, to the extent that the person is aware, of the size\nand character of the estate of the person in respect of whom\nthe application is proposed to be made (the proposed\ntestator);\n(c) an initial draft of the proposed will, alteration or revocation to\nbe authorised by the order;\n(d) evidence, to the extent that it is available, relating to the\nwishes of the proposed testator;\n\nPart 3 Wills made or rectified under court authorisation\nDivision 2 Wills for persons without testamentary capacity\nWills Act 2000 12\n(e) evidence of the likelihood of the proposed testator acquiring or\nregaining capacity to make a will at any future time;\n(f) a will or a copy of a will of the proposed testator that is in the\nperson's possession or any details known to the person of a\nwill of the proposed testator;\n(g) evidence of the interests, to the extent that they are known to\nthe person or can be discovered with reasonable diligence, of\na person who would be entitled to receive a part of the estate\nof the proposed testator if he or she were to die intestate;\n(h) evidence of any facts, to the extent that they are known to the\nperson or can be discovered with reasonable diligence,\nindicating the likelihood of an application relating to the\nproposed testator being made under the Family Provision\nAct 1970;\n(j) evidence of the circumstances, to the extent that they are\nknown to the person or can be discovered with reasonable\ndiligence, of a person for whom the proposed testator might\nreasonably be expected to make provision under a will;\n(k) a reference to any gift for a body, whether charitable or\notherwise, or for a charitable purpose that the proposed\ntestator might reasonably be expected to give or make by will;\nand\n(m) any other facts that the applicant considers to be relevant to\nthe application,\nas the Court requires.\n21 Court must be satisfied as to certain matters\nThe Court must refuse leave to make an application for an order\nunder this Division unless the Court is satisfied that:\n(a) there is reason to believe that the proposed testator is or may\nbe incapable of making a will;\n(b) the proposed will or alteration or revocation of a will is or might\nbe one that would have been made by the proposed testator if\nhe or she had testamentary capacity;\n(c) it is or may be appropriate for an order authorising the making,\nalteration or revocation of a will to be made for the proposed\ntestator;\n\nPart 3 Wills made or rectified under court authorisation\nDivision 2 Wills for persons without testamentary capacity\nWills Act 2000 13\n(d) the applicant is an appropriate person to make the application;\nand\n(e) adequate steps have been taken to allow representation of all\npersons with a legitimate interest in the making of the\napplication, including persons who have reason to expect a\ngift or benefit from the estate of the proposed testator.\n22 Orders Court may make on application for leave\nOn hearing an application for leave to make an application for an\norder under this Division, the Court may:\n(a) refuse the application;\n(b) adjourn the application;\n(c) give directions, including directions about the attendance of a\nperson as a witness and, if it considers appropriate, the\nattendance of the proposed testator;\n(d) revise the terms of any initial draft of the proposed will,\nalteration or revocation provided to the Court;\n(e) grant the application on the terms it considers just; or\n(f) if it is satisfied of the propriety of the application:\n(i) allow the application for leave to proceed as an\napplication for an order under this Division authorising\nthe making, alteration or revocation of a will; and\n(ii) allow the application for an order and make an order in\naccordance with sections 19 and 23 authorising the\nmaking, alteration or revocation of a will, as the case\nrequires.\n23 Application for authorisation of making etc. of will\n(1) In considering an application for an order under this Division\nauthorising the making, alteration or revocation of a will, the Court:\n(a) may have regard to any information given to the Court in\nsupport of an application for leave to make the application;\n(b) may inform itself on any matter in the manner it considers fit;\nand\n(c) is not bound by the rules of evidence.\n\nPart 3 Wills made or rectified under court authorisation\nDivision 2 Wills for persons without testamentary capacity\nWills Act 2000 14\n(2) On hearing the application, the Court may, after considering the\noutcome of the application for leave to make the application and\nany further material or evidence it requires:\n(a) refuse the application; or\n(b) grant the application subject to the terms and conditions it\nconsiders just.\n24 Execution of will\nA will or instrument altering or revoking a will pursuant to an order\nunder this Division is to be signed by the Registrar and sealed with\nthe seal of the Court.\n25 Retention of will or instrument\n(1) A will or instrument altering or revoking a will pursuant to an order\nunder this Division must be retained by a prescribed person and, on\nbeing retained by a prescribed person, is to be taken to have been\ndeposited with the prescribed person in accordance with Part 6.\n(2) Despite section 51, a will referred to in subsection (1) may not be\nwithdrawn from deposit with the prescribed person by or on behalf\nof the person on whose behalf it was made unless:\n(a) the Court makes an order under this Division authorising the\nrevocation of the will; or\n(b) the person acquires or regains testamentary capacity.\n(3) On being presented a copy of an order referred to in\nsubsection (2)(a), the prescribed person must comply with the\norder.\n26 Recognition of statutory wills\n(1) In this section, statutory will means a will executed by virtue of a\nprovision of or under an Act of the Territory or another place on\nbehalf of a person who, at the time of execution, lacked\ntestamentary capacity.\n(2) A statutory will made in accordance with the law in force in the\nplace where the deceased was residing at the time of execution of\nthe will is a valid will of the deceased.\n\nPart 3 Wills made or rectified under court authorisation\nDivision 3 Rectification of wills by Court\nWills Act 2000 15\nDivision 3 Rectification of wills by Court\n27 Court may rectify will\n(1) If the Court is satisfied that a will does not carry out the intentions of\nthe testator because:\n(a) a clerical error was made; or\n(b) the will does not give effect to the testator's instructions,\nthe Court may make an order to rectify the will so it carries out the\ntestator's intentions.\n(2) A person who wishes to make an application for an order under this\nsection must apply to the Court within 6 months after the date of the\ndeath of the testator.\n(3) The Court may, subject to subsection (4), extend the time within\nwhich an application may be made if the Court thinks it is just.\n(4) The Court may make an order extending the time for making the\napplication either before or after the 6 month period referred to in\nsubsection (2) expires but not if the final distribution of the estate\nhas been made.\n(5) A personal representative who makes a distribution to a beneficiary\nis not liable if:\n(a) the distribution was made in accordance with section 55; or\n(b) the distribution was made at least 6 months after the death of\nthe testator and at the time of making the distribution the\npersonal representative was not aware of any application in\nrespect of the estate having been made for rectification or\nunder the Family Provision Act 1970.\n(6) If the Court makes an order for rectification under this section, the\nCourt:\n(a) may direct that a certified copy of the order be attached to the\nwill to which it applies; and\n(b) if it makes a direction under paragraph (a) – must retain the\nwill until the copy of the order is attached to it.\n\nPart 4 Construction of will\nWills Act 2000 16\nPart 4 Construction of will\n28 What interests in property do wills dispose of?\nIf:\n(a) a testator has made a will disposing of property; and\n(b) after making the will but before his or her death – the testator\ndisposes of an interest in that property,\nthe will operates to dispose of any remaining interest the testator\nhas in that property.\n29 When do wills take effect?\n(1) A will takes effect in respect of property disposed of in the will as if\nit had been executed immediately before the death of the testator.\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill or elsewhere.\n30 Effect of failure of dispositions\n(1) If, and to the extent that, a disposition of property under a will (other\nthan a disposition by the exercise of a power of appointment) is\nineffective wholly or in part, the will takes effect as if the property or\nthe undisposed part of the property were part of the residuary\nestate of the testator.\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill or elsewhere.\n31 Use of extrinsic evidence to clarify wills\n(1) In proceedings to construe a will, evidence is admissible to\ndetermine the meaning of the language used in the will to the extent\nthat the language used renders the will or a part of the will:\n(a) meaningless;\n(b) ambiguous on the face of the will; or\n(c) ambiguous in the light of the surrounding circumstances.\n(2) Except for the purposes of establishing the surrounding\ncircumstances referred to in subsection (1)(c), evidence admissible\nunder subsection (1) includes evidence of the testator's intention.\n\nPart 4 Construction of will\nWills Act 2000 17\n(3) Nothing in this section prevents evidence that is otherwise\nadmissible at law being admissible in proceedings to construe a\nwill.\n32 Effect of change in testator's domicile\nThe construction of a will is not affected because of a change in the\ntestator's domicile after executing the will.\n33 Income on contingent, future or deferred dispositions\nA contingent, future or deferred disposition of property, whether\nspecific or residuary, is to be construed as including a disposition of\nany intermediate income from the property that has not been\ndisposed of by will.\n34 Beneficiaries must survive testator by 30 days\n(1) If a testator makes a disposition to a person who dies within\n30 days after the death of the testator, the testator's will is to take\neffect as if the person had died immediately before the testator.\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill.\n(3) For the avoidance of doubt, a general requirement or condition that\na beneficiary survive the testator does not indicate a contrary\nintention for the purposes of this section.\n35 What do general dispositions of property include?\n(1) A general disposition of all or the residue of the testator's property\nor all or the residue of his or her property of a particular description:\n(a) is a disposition of all such property over which the testator has\na general power of appointment exercisable by will; and\n(b) operates as an exercise of that power.\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill or elsewhere.\n36 What do general dispositions of land include?\n(1) A general disposition of land or of land in a particular area is to be\nconstrued as including a disposition of leasehold land (whether or\nnot the testator owns freehold land).\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill or elsewhere.\n\nPart 4 Construction of will\nWills Act 2000 18\n37 Effect of devise of real property without words of limitation\n(1) A disposition of real property to a person without words of limitation\nis to be construed as passing to the person the whole of the estate\nor interest of the testator in the property.\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill or elsewhere.\n38 How dispositions to issue operate\n(1) A disposition to a person's issue without limitation as to remoteness\nis to be distributed to that person's issue in the same way as that\nperson's estate would be distributed if that person had died\nintestate leaving only issue surviving.\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill.\n39 How requirements to survive with issue are to be construed\n(1) If a disposition to a person is expressed to fail if there is:\n(a) a want or failure of issue of that person either in his or her\nlifetime or at his or her death; or\n(b) an indefinite failure of issue of that person,\nthe words used are to be construed to mean a want or failure of\nissue in the person's lifetime or at the person's death and not an\nindefinite failure of his or her issue.\n(2) Subsection (1) does not apply if a contrary intention appears in the\nwill unless the result would cause the disposition to fail.\n40 Dispositions not to fail because issue have died before\ntestator\n(1) Subject to this section, if:\n(a) a person makes a disposition to an issue of the person;\n(b) the disposition is not a disposition to which section 38 applies;\n(c) the interest in property disposed is not determinable at or\nbefore the death of the issue; and\n(d) the issue does not survive the testator for 30 days,\nthe disposition is to be held on trust for the issue of the first-\nmentioned issue who survive the testator for 30 days in the shares\n\nPart 4 Construction of will\nWills Act 2000 19\nthey would have taken of the residuary estate of the first-mentioned\nissue if the first-mentioned issue had died intestate leaving only\nissue surviving.\n(2) Subsection (1) applies to dispositions that are to an issue as an\nindividual or as a member of a class.\n(3) Subject to subsections (4) and (5), subsection (1) does not apply if\na contrary intention appears in the will.\n(4) For the purposes of subsection (3):\n(a) a general requirement or condition that issue survive the\ntestator or attain a specified age does not indicate a contrary\nintention; and\n(b) a gift of a joint tenancy does not alone indicate a contrary\nintention.\n(5) If a condition is imposed on an original beneficiary and the\nbeneficiary fails to survive the testator for 30 days, the issue of the\nbeneficiary may not take under this section unless the original\nbeneficiary fulfilled the condition.\n41 Construction of dispositions\n(1) A disposition of the whole of the estate of a testator or the residue\nof the estate of a testator that refers to only the real estate of the\ntestator or only the personal estate of the testator is to be construed\nas including a disposition of both the real and personal estate of the\ntestator.\n(2) If a part of a disposition in fractional parts of the whole or the\nresidue of the estate of a testator fails, that part passes to the part\nthat does not fail and, if there is more than one part that does not\nfail, to all those parts proportionately.\n(3) This section does not apply if a contrary intention appears in the\nwill.\n42 Legacies to unincorporated associations of persons\n(1) A disposition:\n(a) to an unincorporated association of persons that is not a\ncharity;\n(b) to or on trust for the aims, objects or purposes of an\nunincorporated association of persons that is not a charity; or\n\nPart 4 Construction of will\nWills Act 2000 20\n(c) to or on trust for the present and future members of an\nunincorporated association of persons that is not a charity,\nhas effect as a legacy or devise in augmentation of the general\nfunds of the association.\n(2) Property that is or is to be taken to be a disposition in augmentation\nof the general funds of an unincorporated association is to be:\n(a) paid into the general fund of the association;\n(b) transferred to the association; or\n(c) sold or otherwise disposed of on behalf of the association and\nthe proceeds paid into the general fund of the association.\n(3) If a personal representative pays money to an unincorporated\nassociation under a disposition, the receipt of the Treasurer or like\nofficer of the association (however described) is an absolute\ndischarge for the payment.\n(4) If a personal representative transfers property to an unincorporated\nassociation under a disposition, the transfer of the property to a\nperson or persons designated in writing by any 2 persons holding\nthe offices of President, Chairperson, Treasurer or Secretary, or like\nofficers of the association (however described), is an absolute\ndischarge to the personal representative for the transfer of the\nproperty.\n(5) Subsections (3) and (4) do not apply if a contrary intention appears\nin a will.\n(6) It is not an objection to the validity of a disposition to an\nunincorporated association of persons that a list of persons who\nwere members of the association at the time of the testator's death\ncannot be compiled or that the members of the association have no\npower to divide assets of the association beneficially among\nthemselves.\n43 Can persons delegate, by will, power to dispose of property?\nA power or trust created by will to dispose of property is not void on\nthe ground that it is a delegation of the testator's power to make a\nwill if the same power or trust, having been made by the testator by\ninstrument during his or her lifetime, would be valid.\n44 Effect of referring to valuation in a will\n(1) Unless, and to the extent that, a method of valuation is at the\nrelevant time required under a law in force in respect of a will\n\nPart 5 Wills under foreign law\nWills Act 2000 21\n(whether a law of the Territory or of another place) or is provided for\nby a will, an express or implied requirement in a will that a valuation\nof property be made or accepted for any purpose is to be construed\nas if it were a reference to a valuation of the property:\n(a) as at the date of the testator's death; and\n(b) made by a competent valuer.\n(2) Subsection (1) does not apply if a contrary intention appears in a\nwill.\nPart 5 Wills under foreign law\n45 Definition of internal law\nIn this Part, internal law, in relation to a place, means the law\napplying in a case where no question of the law in force in any\nother place arises.\n46 General rule as to formal validity\n(1) A will is properly executed if its execution conforms to the internal\nlaw in force in the place:\n(a) where it was executed;\n(b) that was the testator's domicile or habitual residence either at\nthe time the will was executed or at the testator's death; or\n(c) of which the testator was a national either at the date of\nexecution of the will or at the testator's death.\n(2) A will executed on board a vessel or aircraft in conformity with the\ninternal law in force in the place with which the vessel or aircraft\nmay be taken to have been most closely connected having regard\nto its registration and other relevant circumstances is properly\nexecuted.\n(3) A will that disposes of immovable property is properly executed to\nthe extent that it disposes of immovable property if it is executed in\nconformity with the internal law in force in the place where the\nproperty is situated.\n(4) A will that revokes a will or a part of a will valid under this Act is\nproperly executed to the extent that it revokes the will or part if it is\nexecuted in conformity with a law under which the will or part being\nrevoked is validly executed.\n\nPart 5 Wills under foreign law\nWills Act 2000 22\n(5) A will exercising a power of appointment is properly executed to the\nextent that it exercises the power of appointment if it is executed in\nconformity with the law governing the essential validity of the\npower.\n(6) A will to which this section applies that exercises a power of\nappointment is not, to the extent that it exercises the power of\nappointment, to be taken to be improperly executed because it has\nnot been executed in accordance with the formalities required by\nthe instrument creating the power of appointment.\n47 Ascertainment of system of internal law\nIf there is more than one system of internal law in force in a place\nthat relates to the formal validity of a will, the system of internal law\nthat applies to the will is:\n(a) if there is a rule in force throughout the place that indicates\nwhich system of internal law applies to the will – the system of\nlaw indicated by that rule; or\n(b) if there is no rule indicating which system of internal law\napplies – the system of internal law with which the testator\nwas most closely connected either:\n(i) in the case where the matter is to be determined by\nreference to circumstances prevailing at the time of the\ndeath of the testator – at the time of his or her death; or\n(ii) in any other case – at the time of the execution of the\nwill.\n48 Construction of the law applying to wills under foreign law\n(1) In determining whether a will has been executed in conformity with\na particular law, regard must be given to the formal requirements of\nthat law at the time of execution and, if that law is later altered,\naccount may be taken of that law as altered if it enables the will to\nbe treated as properly executed.\n(2) If a law in force outside the Territory is applied to a will, a\nrequirement of that law that special formalities must be observed by\ntestators of a particular description or that witnesses to the\nexecution of the will must have certain qualifications is to be taken\nto be a formal requirement only.\n(3) Subsection (2) applies despite any rule of a law referred to in that\nsubsection to the contrary.\n\nPart 5A International wills\nWills Act 2000 23\n48A Part does not limit international wills provisions\nThis Part does not limit the operation of Part 5A.\nPart 5A International wills\n48B Definitions\nIn this Part:\nConvention means the Convention providing a Uniform Law on the\nForm of an International Will 1973 signed in Washington DC in the\nUnited States of America on 26 October 1973.\ninternational will means a will made in accordance with the\nrequirements of the Annex to the Convention.\n48C Application of Convention\n(1) The Annex to the Convention has the force of law in this\njurisdiction.\n(2) A copy of the Annex to the Convention is set out in Schedule 2.\n48D Persons authorised to act in connection with international\nwills\n(1) For this Part, the following persons are authorised to act in\nconnection with an international will:\n(a) an Australian legal practitioner as defined in section 6(a) of the\nLegal Profession Act 2006;\n(b) a public notary of any Australian jurisdiction.\n(2) A reference in the Annex to the Convention to a person authorised\nto act in connection with international wills is a reference to:\n(a) a person mentioned in subsection (1) who is acting in\nAustralia; or\n(b) any other person who is acting as an authorised person under\na law of a state (other than Australia) that is a party to the\nConvention.\nNote for section 48D\nThis section gives effect to Articles II and III of the Convention.\n\nPart 6 Deposit of wills with prescribed person\nWills Act 2000 24\n48E Witnesses to international wills\nThe conditions requisite to acting as a witness to an international\nwill are governed by the law of this jurisdiction.\nNote for section 48E\nFor the relevant provisions of this Act see Part 2, Division 2.\n48F Application of Act to international wills\nTo avoid doubt, the provisions of this Act that apply to wills extend\nto international wills.\nPart 6 Deposit of wills with prescribed person\n49 Prescribed person\n(1) The Regulations may prescribe a person to be or more than one\nperson each to be a person with whom a will may be deposited\nunder this Part.\n(2) In prescribing a person under subsection (1), the Regulations may:\n(a) prescribe a person by name;\n(b) prescribe a person by reference to the office, designation or\nposition held or occupied by the person; or\n(c) prescribe a person as the person from time to time holding,\nacting in or performing the duties of a named office,\ndesignation or position.\n(3) If, for whatever reason, there is no person prescribed under\nsubsection (1), the Public Trustee is the person with whom a will\nmay be deposited under this Part.\n50 Will may be deposited with prescribed person\n(1) A person may deposit a will with a prescribed person.\n(2) A will is not to be deposited with a prescribed person unless it is in\na sealed envelope that has written on it:\n(a) the testator's name and address (as they appear in the will);\n(b) the name and address (as they appear in the will) of each\nexecutor of the will;\n(c) the date of the will; and\n\nPart 6 Deposit of wills with prescribed person\nWills Act 2000 25\n(d) the name of the person depositing the will.\n(3) Subject to subsection (4), a will deposited with a prescribed person\nmust be accompanied by the prescribed fee.\n(4) A person depositing a will with a prescribed person must pay the\nprescribed fee unless:\n(a) the will is deposited with the prescribed person:\n(i) under Part 3; or\n(ii) because a lawyer has died or has ceased or is about to\ncease practising law in the Territory; or\n(b) the fee is waived by the prescribed person in accordance with\nthe Regulations.\n51 Delivery of will by prescribed person\n(1) If a will has been deposited with a prescribed person under this Act,\nthe testator may at any time apply in writing to the prescribed\nperson to be given the will or to have the will given to another\nperson authorised in writing by the testator to receive it.\n(2) On receiving the application under subsection (1), the prescribed\nperson must give the will to the testator or the person authorised by\nthe testator unless the testator is a minor or a person who lacks\ntestatmentary capacity.\n(3) If a will has been deposited with a prescribed person and the\ntestator has died, an executor named in the will or a person who is\nentitled to apply for letters of administration with the will annexed\nmay apply in writing to the prescribed person to be given the will.\n(4) On receiving the application under subsection (3), the prescribed\nperson must give the will to the executor or other person or to a\nlegal practitioner or a trustee company within the meaning of the\nCompanies (Trustees and Personal Representatives) Act 1981\nauthorised in writing by the executor or other person.\n(5) A prescribed person must make and retain or cause to be made\nand retained an accurate copy of every will he or she gives to a\nperson under this section.\n(6) If there is any doubt as to whom a prescribed person should give a\nwill, the prescribed person or any other person may apply to the\nCourt for directions as to whom the will should be given.\n\nPart 7 Miscellaneous\nWills Act 2000 26\n52 Examination of will by prescribed person\nA prescribed person may examine a will to enable him or her to\ncomply with this Part.\n53 Failure to retain will does not affect validity of will\nIf a prescribed person fails to retain a will as required by this Act,\nhis or her failure to retain the will does not affect the validity of the\nwill.\nPart 7 Miscellaneous\n54 Persons who are entitled to see will\n(1) In this section, will includes a revoked will, a document purporting\nto be a will, a part of a will and a copy of a will.\n(2) A person who has possession or control of a will of a deceased\nperson must allow any one or more of the following persons to\ninspect the will and make copies of the will at their own expense:\n(a) a person named or referred to in the will, whether as a\nbeneficiary or otherwise;\n(b) the surviving spouse or issue of the deceased person;\n(c) a parent or a guardian of the deceased person;\n(d) a person who would be entitled to a share of the deceased\nperson's estate if the deceased person had died intestate;\n(e) a creditor or other person having a claim at law or in equity\nagainst the deceased person's estate;\n(f) a beneficiary of a prior will of the deceased person;\n(g) a parent or guardian of a minor referred to in the will or a\nminor who would be entitled to a share of the deceased\nperson's estate if the deceased person had died intestate.\n(3) A person who has possession or control of a will of a deceased\nperson must produce it in a court if required to do so.\n55 Personal representative may make maintenance distribution\nwithin 30 days\n(1) If a surviving person who is wholly or substantially dependent on a\ndeceased person has an entitlement under the deceased person's\nwill that does not become absolute until 30 days after his or her\n\nPart 7 Miscellaneous\nWills Act 2000 27\ndeath, the deceased person's personal representative may make a\ndistribution for the maintenance, support or education of the\nsurviving person before the 30 day period expires.\n(2) A personal representative who makes a distribution under\nsubsection (1) is not liable if the distribution was made in good faith.\n(3) The personal representative may make a distribution under\nsubsection (1) even if he or she knows at the time of making the\ndistribution of a pending application under the Family Provision\nAct 1970 in respect of the estate of the deceased person.\n(4) Subject to subsection (5), a sum distributed under subsection (1) is\nto be deducted from the share of the estate to which the person\nreceiving the distribution becomes entitled.\n(5) If a person to whom a distribution is made under subsection (1)\ndoes not survive the deceased person for 30 days, the distribution\nis to be taken to be an administration expense.\n56 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters that are:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay:\n(a) prescribe the manner of giving public notice of a person who is\nprescribed under section 49(1) to be a person with whom wills\nmay be deposited;\n(b) prescribe the procedures for the transfer to a prescribed\nperson of wills deposited under Part 6 with the Public Trustee\nor other person who is no longer a prescribed person;\n(c) prescribe the fee payable under section 50 in respect of a will\nor testator or a class of will or testator and may authorise a\nprescribed person to waive the payment of a fee payable in\nrespect of a will or class of will;\n(d) provide for the keeping and maintenance of an index of wills\ndeposited with a prescribed person and the making available\nof the index of wills for a member of the public to search; and\n\nPart 7 Miscellaneous\nWills Act 2000 28\n(e) provide for the destruction of or other dealing with a will that\nremains deposited with a prescribed person after the death of\nthe testator whose will it is.\n57 Repeal\nThe Acts specified in the Schedule are repealed.\n58 Savings\n(1) In this section, repealed Act means the Wills Act 1938 in force\nbefore the commencement of this Act.\n(2) Subject to the appearance of a contrary intention, a reference in an\nAct, an instrument of a legal or administrative character or any\nother document to the repealed Act or a provision of the repealed\nAct is, on the commencement of this Act, to be taken to be and to\nhave effect as if it were a reference to this Act or the provision of\nthis Act (if any) that re-enacts, whether with or without modification,\nthe provision of the repealed Act.\n\nSchedule Repealed Acts\nWills Act 2000 29\nSchedule Repealed Acts\nsection 57\nACTS OF THE NORTHERN TERRITORY\nWills Ordinance 1938 Act No. 4, 1938\nWills Ordinance 1969 Act No. 16, 1969\nWills Amendment Act 1984 Act No. 43, 1984\nWills Amendment Act 1985 Act No. 16, 1985\nWills Amendment Act 1987 Act No. 13, 1987\nIMPERIAL ACT\nAn Act for the amendment of the 7 Will 4 and 1Vic., c.26\nlaws with respect to wills\n\nSchedule 2 Annex to Convention providing a Uniform Law on the Form of an International\nWill 1973\nWills Act 2000 30\nSchedule 2 Annex to Convention providing a Uniform Law\non the Form of an International Will 1973\nSection 48C(2)\nANNEX\nUNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL\nArticle 1\n1. A will shall be valid as regards form, irrespective particularly of the\nplace where it is made, of the location of the assets and of the\nnationality, domicile or residence of the testator, if it is made in the form\nof an international will complying with the provisions set out in Articles 2\nto 5 hereafter.\n2. The invalidity of the will as an international will shall not affect its formal\nvalidity as a will of another kind.\nArticle 2\nThis law shall not apply to the form of testamentary dispositions made\nby two or more persons in one instrument.\nArticle 3\n1. The will shall be made in writing.\n2. It need not be written by the testator himself.\n3. It may be written in any language, by hand or by any other means.\nArticle 4\n1. The testator shall declare in the presence of two witnesses and of a\nperson authorized to act in connection with international wills that the\ndocument is his will and that he knows the contents thereof.\n2. The testator need not inform the witnesses, or the authorized person,\nof the contents of the will.\nArticle 5\n1. In the presence of the witnesses and of the authorized person, the\ntestator shall sign the will or, if he has previously signed it, shall\nacknowledge his signature.\n2. When the testator is unable to sign, he shall indicate the reason\ntherefor to the authorized person who shall make note of this on the\nwill. Moreover, the testator may be authorized by the law under which\nthe authorized person was designated to direct another person to sign\non his behalf.\n\nSchedule 2 Annex to Convention providing a Uniform Law on the Form of an International\nWill 1973\nWills Act 2000 31\n3. The witnesses and the authorized person shall there and then attest\nthe will by signing in the presence of the testator.\nArticle 6\n1. The signatures shall be placed at the end of the will.\n2. If the will consists of several sheets, each sheet shall be signed by the\ntestator or, if he is unable to sign, by the person signing on his behalf\nor, if there is no such person, by the authorized person. In addition,\neach sheet shall be numbered.\nArticle 7\n1. The date of the will shall be the date of its signature by the authorized\nperson.\n2. This date shall be noted at the end of the will by the authorized person.\nArticle 8\nIn the absence of any mandatory rule pertaining to the safekeeping of\nthe will, the authorized person shall ask the testator whether he wishes\nto make a declaration concerning the safekeeping of his will. If so and\nat the express request of the testator the place where he intends to\nhave his will kept shall be mentioned in the certificate provided for in\nArticle 9.\nArticle 9\nThe authorized person shall attach to the will a certificate in the form\nprescribed in Article 10 establishing that the obligations of this law have\nbeen complied with.\nArticle 10\nThe certificate drawn up by the authorized person shall be in the\nfollowing form or in a substantially similar form.\nCERTIFICATE\n(Convention of October 26, 1973)\n1. I, ............................ (name, address and capacity), a person authorized\nto act in connection with international wills\n2. Certify that on ......................... (date) at ......................... (place)\n3. (testator) ............................. (name, address, date and place of birth) in\nmy presence and that of the witnesses\n4. (a)............................................ (name, address, date and place of birth)\n(b)............................................ (name, address, date and place of birth)\n\nSchedule 2 Annex to Convention providing a Uniform Law on the Form of an International\nWill 1973\nWills Act 2000 32\nhas declared that the attached document is his will and that he knows\nthe contents thereof.\n5. I furthermore certify that:\n6. (a) in my presence and in that of the witnesses\n(1) the testator has signed the will or has acknowledged his signature\npreviously affixed.\n*(2) following a declaration of the testator stating that he was unable to\nsign his will for the following reason\n.................................................................................................................\n– I have mentioned this declaration on the will\n* – the signature has been affixed by ........................... (name, address)\n7. (b) the witnesses and I have signed the will;\n8. *(c) each page of the will has been signed by ................................. and\nnumbered;\n9. (d) I have satisfied myself as to the identity of the testator and of the\nwitnesses as designated above;\n10. (e) the witnesses met the conditions requisite to act as such according\nto the law under which I am acting;\n11. *(f) the testator has requested me to include the following statement\nconcerning the safekeeping of his will:\n.................................................................................................................\n12. PLACE\n13. DATE\n14. SIGNATURE and, if necessary, SEAL\nArticle 11\nThe authorized person shall keep a copy of the certificate and deliver another\nto the testator.\nArticle 12\nIn the absence of evidence to the contrary, the certificate of the authorized\nperson shall be conclusive of the formal validity of a will under this Law.\nArticle 13\nThe absence or irregularity of a certificate shall not affect the formal validity of\na will under this Law.\n\nSchedule 2 Annex to Convention providing a Uniform Law on the Form of an International\nWill 1973\nWills Act 2000 33\nArticle 14\nThe international will shall be subject to the ordinary rules of revocation of\nwills.\nArticle 15\nIn interpreting and applying the provisions of this law, regard shall be had to\nits international origin and to the need for uniformity in its interpretation.\n___________________________________\n* To be completed if appropriate\n\nENDNOTES\nWills Act 2000 34\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWills Act 2000 (Act No. 59, 2000)\nAssent date 14 November 2000\nCommenced 1 March 2001 (Gaz G48, 6 December 2000, p 3)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 1 March 2001 (s 2(1))\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nWills Amendment (International Wills) Act 2013 (Act No. 42, 2013)\nAssent date 19 December 2013\nCommenced 10 March 2015 (Gaz G6, 11 February 2015, p 6)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 20, 27, 48D, 51, 55\nand 58.\n\nENDNOTES\nWills Act 2000 35\n4 LIST OF AMENDMENTS\ns 3 amd No. 42, 2013, s 4\ns 5 amd No. 62, 2001, s 14\ns 15 amd No. 28, 2021, s 20\ns 40 amd No. 44, 2005, s 33\ns 48 ins No. 42, 2013, s 5\npt 5A hdg ins No. 42, 2013, s 5\nss 48B – 48F ins No. 42, 2013, s 5\ns 50 amd No. 7, 2007, s 16\nsch 1 hdg amd No. 42, 2013, s 6\nsch 2 ins No. 42, 2013, s 7","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act replaces the earlier Wills Act 1938 (s57) and is mainly prospective: it applies to wills executed on or after commencement (s5(1)). However, a specified list of substantive provisions applies to wills executed before commencement if the testator died on or after commencement (s5(4)), and marriage/divorce after commencement can affect pre-existing wills (s5(3)). In short, the scope shifted to a mostly forward‑looking regime with targeted retrospective application for certain rules."},"complexity_factors":["Prospective operation with specified retrospective application and transitional rules (s5(1)–(4))","Detailed formalities and numerous exceptions for execution and witnessing (ss8–11, 12, 16)","Wide judicial discretion to dispense with formalities and to authorise, rectify or make wills for minors/incapacitated persons (ss10, 18–26, 27)","Interaction with foreign law and an international-wills Convention (Parts 5 and 5A; ss45–48, 48B–48F)","Deposit, custody and fee regime with delegated regulation-making (Part 6; ss49–53, 56)","Survival, construction and anti-lapse rules that affect distributions and trusts (Part 4; ss28–44)","Cross-references to external statutes and family-law events (s15 referencing Family Law Act; s5(3)–(4))","Time limits and procedural bars (e.g. 6‑month limit for rectification applications, s27(2)–(4))","Administrative elements (Registrar involvement, sealing requirements, s24–25) increasing practical compliance steps"],"plain_english_summary":"**Wills Act 2000**: This Act sets the rules for making, altering, revoking and interpreting wills in the Northern Territory. It prescribes formal execution and witnessing, court powers to dispense with formalities or authorise wills for minors and people lacking capacity, treatment of foreign and international wills, and a deposit system for wills. Who pays: deposit fees may apply (s50, s56). Who decides: the Supreme Court exercises broad discretion (ss10, 19, 27) and prescribed persons administer deposits (ss49–51)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2000 Act was already a comprehensive reform of wills law, but the scope expanded significantly with the 2013 amendments (Wills Amendment (International Wills) Act 2013). This added Part 5A and Schedule 2, implementing the 1973 Washington Convention on International Wills — a substantial addition of 15 articles plus implementation sections (ss 48B-48F). This transformed the Act from a purely domestic statute to one with international private law dimensions. Additionally, the court-authorisation provisions in Part 3 (ss 18-26) represent a modern expansion beyond traditional wills law, allowing judicial creation of wills for incapacitated persons — a function not present in the 1938 Act being repealed."},"complexity_factors":["58 sections plus 2 schedules, including a full international convention annex (Schedule 2)","Multiple overlapping regimes: standard wills, court-authorised wills for minors (Part 3 Div 1), court-authorised wills for persons without capacity (Part 3 Div 2), international wills (Part 5A), and foreign law wills (Part 5)","Extensive cross-referencing between Parts (e.g., s 16 alteration rules reference Part 3 court orders, s 48F applies general Act provisions to international wills)","Conditional logic with multiple exceptions: marriage revocation (s 14) has 4 sub-exceptions; divorce revocation (s 15) has 2 exceptions plus a carve-out for children's trusts; interested witness rule (s 12) has 3 alternative saving conditions","14 defined terms in s 3, with some definitions incorporating other definitions (e.g., 'disposition' includes powers of appointment; 'property' includes contingent interests)","Complex procedural requirements for statutory wills: leave application (s 20), specific evidentiary requirements (s 20(2) lists 11 categories), satisfaction tests (s 21), and execution by Registrar (s 24)","Time limits with extension provisions for rectification (s 27: 6 months, extendable but not after final distribution)","Interaction with other legislation: Family Law Act 1975 (divorce recognition), Family Provision Act 1970 (maintenance claims), Public Trustee Act 1979, Legal Profession Act 2006"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law about wills — the legal documents people use to say who gets their property when they die. It sets out the rules for making, changing, cancelling, interpreting and fixing wills.\n\n**Key things it covers:**\n\n*   **Who can make a will:** Generally you must be 18 or older, but there are exceptions. Minors (under 18) can make wills if they're married or about to get married, or if a court gives special permission.\n*   **How to make a valid will:** It must be in writing, signed by the person making it (the **testator**), and witnessed by at least two people who see the testator sign. The witnesses don't need to know what's in the will.\n*   **When the Court can step in:** The Supreme Court can approve wills for people who can't legally make one themselves — including minors and people without **testamentary capacity** (the mental ability to understand what they're doing). The Court can also fix (**rectify**) wills that contain clerical errors or don't reflect what the testator actually wanted.\n*   **Marriage and divorce:** Getting married usually cancels (revokes) any previous will, unless the will was made in anticipation of that marriage. Divorce or annulment automatically removes gifts to an ex-spouse and their appointment as executor, unless the will says otherwise.\n*   **Foreign and international wills:** The Act recognises wills made overseas if they follow the law where they were made or where the person lived. It also allows for **international wills** — a special format recognised across multiple countries under a 1973 Convention.\n*   **Safekeeping:** People can deposit their will with a **prescribed person** (usually the Public Trustee) for safekeeping.\n*   **Who can see a will:** After someone dies, certain people (beneficiaries, family members, creditors) have the right to inspect the will.\n\n**Why it matters:**\n\nThis law affects every Northern Territory resident who wants to control what happens to their property after death. It provides flexibility for unusual situations (young people, people with disabilities, people with assets overseas) while maintaining strict formal requirements to prevent fraud and disputes. The Court's power to fix mistakes or approve wills for vulnerable people helps ensure fairness when strict rules would otherwise cause injustice."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/wills-act-2000","history":"/api/acts/wills-act-2000/history","analysis":"/api/acts/wills-act-2000/analysis","conflicts":"/api/acts/wills-act-2000/conflicts","importantCases":"/api/acts/wills-act-2000/important-cases","documents":"/api/acts/wills-act-2000/documents"}}