Wills & Probate

It is quite possible that, at some time in your life, you will be appointed as executor by a will or be obliged to take charge of the intestate estate of a deceased relative or friend. This kit is intended to give some guidance in making application in a straightforward estate. in the Northern Territory

The rights, powers, duties and liabilities of executors and administrators are outlined in Division 6 of the Administration and Probate Act (NT)

Where the estate is complicated by family trusts, protected persons and the like, it may be advisable to instruct a firm of solicitors or apply to the court to have the Public Trustee appointed to exercise those powers and duties.

Kit forms are also available at the Supreme Court Registry, Darwin.

For further information or clarification of any point, please write to the Probate Clerk at the Supreme Court, State Square, Darwin NT 0800, or telephone on (08) 8999 6562 facsimile (08) 8999 5446.

Legislation

The Administration and Probate Act (NT)1993 and Rule 88 of the Supreme Court Rules empower the Registrar of the Supreme Court to grant Probate of a will or administration of an estate of a deceased person, leaving property within the Northern Territory

Associated Legislation

Other related legislation includes the Public Trustee Act (NT) 1979, the Wills Act (NT) 2000 and the Family Provision Act (NT) 1980

 

Documents

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Application for probate

WHO MAY APPLY FOR PROBATE?

  1. A sole executor appointed by a will may make application to the Court for a grant of Probate of a deceased estate.
  2. If more than one executor has been appointed, all may make the application.
  3. If more than one executor has been appointed and one has
    (a) predeceased the deceased; or
    (b) renounced his right to take probate; or
    (c) reserved his right to come in at a later time the other executor/s may make the application.

Application for resealing

WHO MAY APPLY FOR RESEALING?

WHO MAY APPLY FOR RESEALING

Where a court of competent jurisdiction in a relevant country has granted probate of a will, administration of an estate or an order to collect and administer an estate, the person who is –

(a) in the case of a probate of a will

(i) the executor to whom the probate was granted;
(ii) a person authorised by that executor, under a power of attorney, to make the application; or
(iii) the executor, by representation, of the will;

(b) in the case of administration of an estate

(i) the administrator to whom the administration was granted; or
(ii) the person authorised by that administrator, under a power of attorney, to make the application; or

(c) in the case of an order to collect and administer an estate – public trustee in the relevant country to whom the order was granted.

may, upon producing the probate, administration or order to the Registrar, apply to the court to have it sealed with the seal of the court.

Letters of Administration

WHO MAY APPLY FOR LETTERS OF ADMINISTRATION?

The court may grant administration of the estate of an intestate person to –

(a) the spouse or de facto partner of the deceased;

(b) one or more of the next of kin;

(c) the spouse or defacto partner conjointly with one or more of the next of kin; or

(d) such person, whether a creditor or not of the deceased, as the court thinks fit

However, the court will not grant administration to a person in (d) above unless -

(a) there is no such spouse or de facto partner or next of kin;

(b) there is no such spouse or de facto partner or next of kin within the jurisdiction who is, in the opinion of the court, fit to be trusted; or

(c) there is no such spouse or de facto partner or next of kin who, when duly cited, appears and applies for administration

Where the grant is applied for by fewer than all the persons who are in the Territory and are entitled to a grant of administration, the application must be supported by

(a) a form of consent to administration (form 7 in the index) of each person entitled to but not applying for a grant with an affidavit (form 8) verifying the consent; or

(b) an affidavit as to service not later than 14 days before filing the application on each of those people whose consent is not filed.

Letters of Administration with the will annexed

WHO MAY APPLY FOR LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED?

The court may grant letters of administration with the will annexed to –

(a) the spouse or de facto partner of the deceased;

(b) one or more of the next of kin;

(c) the spouse or defacto partner conjointly with one or more of the next of kin; or

(d) such person, whether a creditor or not of the deceased, as the court thinks fit

However, the court will not grant administration to a person in (d) above unless -

(a) there is no such spouse or de facto partner or next of kin;

(b) there is no such spouse or de facto partner or next of kin within the jurisdiction who is, in the opinion of the court, fit to be trusted; or

(c) there is no such spouse or de facto partner or next of kin who, when duly cited, appears and applies for administration

Where the grant is applied for by fewer than all the persons who are in the Territory and are entitled to a grant of administration, the application must be supported by

(a) a form of consent to administration (form 7 in the index) of each person entitled to but not applying for a grant with an affidavit (form 8) verifying the consent; or

(b) an affidavit as to service not later than 14 days before filing the application