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The Wills Act 2000 (NT) does not allow for an electronic signature to execute a will.

Electronic signatures are also not permitted under the Electronic Transactions Act 2000 (NT) (‘ET Act’) as the Electronic Transactions Regulations 2001 (NT) (‘Regulations’) excludes its application to the signing of wills.

Conclusion

A will cannot be electronically signed or executed in the NT.

Relevant papers on the ACT position

The submission by the Law Council of Australia provides a “high-level comparative analysis of the jurisdictional exemptions” of Electronic Transactions Acts between the states. Their analysis of the law in the NT concludes wills are exempt from the application of the ET Act.

Legislative extracts

Wills Act 2000 (NT)

8 How wills should be executed

(1) A will is not valid unless:

  • (a) it is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator;
  • (b) the signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time; and
  • (c) at least 2 of those witnesses attest and sign the will in the presence of the testator.

(2) It is not necessary for the 2 witnesses referred to in subsection (1)(c) to attest and sign the will in the presence of each other.

(3) The signature of the testator:

  • (a) must be made with the intention of executing the will; and
  • (b) is not required to be made at the foot of the will.

Electronic Transactions Regulations Act 2000 (NT)

2 Exemptions in relation to wills

(1) Section 7(1) of the Act does not apply to a transaction in the nature of:

  • (a) a disposition of property by will; or
  • (b) a revocation of a will.

(2) Division 2 of Part 2 of the Act does not apply to a requirement or permission under a law of the Territory for a person to:

  • (a) give, record or retain information in writing in respect of a will or the revocation of a will;
  • (b) produce a document in the nature of a will or revocation of a will; or
  • (c) sign a will or revocation of a will.

(3) In this regulation, will has the same meaning as in the Wills Act 2000.

Electronic Transactions Act 2000 (NT)

9 Signatures

(1) If, under a law of the Territory, the signature of a person is required, the requirement is taken to have been met in relation to an electronic communication if:

  • (a) a method is used to identify the person and to indicate the person's intention in respect of the information communicated; and
  • (b) the method used was:
    • (i) as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or
    • (ii) proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and
  • (c) the person to whom the signature is required to be given consents to the requirement being met by the use of the method mentioned in paragraph (a).


1 Electronic Transactions Regulations 2001 (NT) reg 2(2)(c).

2 Business Law Section of the Law Council of Australia, Submission to Attorney-General’s Department, Attorney-General’s Department consultation on the Electronic Transactions Act (27 March 2023)