Why Having a Will Matters in PNG: Protecting Your Family and Your Legacy

By Eunice Noki and Angela Ipara

Key takeaways

• Passing away without a will remains common in Papua New Guinea, often resulting in estates being distributed under customary practices that may not reflect modern family or asset structures.

• Writing a valid will under PNG’s Wills, Probate and Administration Act 1966 is the most effective way to ensure personal wishes are respected and loved ones are protected.

• Intestacy can lead to delays, added costs, disputes, and hardship for families, particularly where bank accounts, businesses, or land are involved.

• Early estate planning provides certainty, reduces conflict, and gives peace of mind by simplifying legal processes and safeguarding family interests.

Why writing a will matters in Papua New Guinea

In Papua New Guinea (PNG), it is still rare for people to write a will before they pass away. This is often due to a combination of factors, including limited access to legal services, lack of awareness or understanding of estate‑planning laws, cost concerns, and a strong reliance on customary practices to deal with property after death. As a result, when a person dies without a will, their estate is commonly distributed according to customary practices.

Customary rules differ across PNG. In some regions, property is passed through the father’s lineage (patriarchal), while in others it passes through the mother’s lineage (matriarchal). Although custom is an integral part of PNG society, it does not always reflect modern family circumstances. For example, it may not adequately address the needs of spouses, children living in urban areas, step‑children, or assets such as bank accounts, vehicles, businesses, or leasehold interests. This can result in confusion, disputes, and hardship for the family members left behind.

For individuals who want to ensure their wishes are respected and their loved ones are protected, the most effective solution is to write a will. A will allows a person to clearly state who should receive their property and who should manage their estate after death. The Wills, Probate and Administration Act 1966 (the Wills Act) governs the creation and validity of wills in PNG.

The Legal Framework in PNG

The Wills Act sets out who can make a will, how a will must be signed and witnessed, and how a deceased’s estate is to be managed after death. A person may make, change, or revoke a will during their lifetime, provided the legal requirements are met.

The Act also recognises wills made outside of PNG, provided they comply with certain legal rules. This flexibility is important for Papua New Guineans who live or work overseas, or who own property in more than one country.

What Happens If You Die Without a Will?

When a person dies without a will (known as dying intestate), several practical problems can arise. These may differ depending on the family and assets involved, but commonly include:

1.     Delays in Accessing Funds

Banks may freeze accounts until authority is granted by the court. Without a will, this process can take months, leaving families without money for funeral costs or everyday expenses.

2.     Court Processes and Costs

Family members may need to apply for letters of administration, which involves legal fees, court filings, sworn statements, and delays. These expenses can significantly reduce the value of the estate.

3.     Travel and Time

Relatives may need to travel to regional centres or Port Moresby to deal with lawyers, banks, and court matters. This can be costly and particularly difficult for families living in rural or remote areas.

4.     Disputes Over Property/ Possessions

Disagreements can arise between members of the family or clan (of the deceased), especially where land (customary and/or state lease), businesses, or other valuable assets are involved. These disputes can last for years and cause lasting family conflict.

Benefits of Having a Will

Having a valid will can provide significant benefits, including:

• deciding who inherits your assets and in what shares;

• reducing the risk of family disputes;

• simplifying legal and court processes;

• reducing costs and delays in administering your estate;

• appointing guardians for minor children; and

• peace of mind knowing your wishes are written down and legally recognised.

What Makes a Will Valid in PNG?

Under the Wills Act, a will is generally valid if:

• it is made by a person 21 years of age or older;

• the person is of sound mind, understanding they are making a will and what property they own;

• it is made freely and voluntarily, without pressure or undue influence;

• it is in writing;

• it is signed by the person making the will, or by someone else at their direction and in their presence;

• it is witnessed by at least two adults;

• the witnesses are not beneficiaries (and not married to beneficiaries); and

• the will shows no signs of tampering or improper alteration.

If these requirements are not met, the will may be considered invalid.

Planning Ahead: More Than Just a Will

In addition to writing a will, it can be helpful to leave clear information about:

• funeral wishes;

• bank accounts and financial details;

• shareholding information;

• insurance policies;

• guardianship of children; and

• debts or other obligations.

These details are often kept in a separate document and should not contradict the will.

Next Steps

Making a will is not only for the wealthy. It is an important step for anyone who owns property, has children, operates a business, is employed and/or holds bank accounts. By planning ahead, you reduce uncertainty, protect your loved ones, and ensure that your legacy reflects your wishes.

We have significant experience working with individuals to future proof their legacy. We can provide will drafting and safekeeping services, and where necessary can support loved ones in probate and enforcement proceedings. If you need assistance, please contact our team.