Wills, probate and estate administration in Papua New Guinea sit at a unique intersection of law, culture and tradition. The practice cannot be understood without acknowledging the extraordinary diversity of the country itself.
Papua New Guinea is one of the most linguistically and culturally diverse nations in the world, with more than 800 spoken languages and a population of approximately 10 million people. Customary norms, oral traditions and deeply held beliefs continue to shape how property, land and wealth are understood and transferred — and these norms inevitably influence how wills and estates are approached in practice.
This article offers personal observations on the operation of wills, probate and administration law in Papua New Guinea, and the challenges faced in developing a jurisprudence that sits alongside customary life.
The legal framework
The legal basis for wills, probate and administration in Papua New Guinea is grounded in the National Constitution. Section 53 provides broad protection against unjust deprivation of property and underpins rights and interests in estate matters.
The primary statute governing this area is the Wills, Probate and Administration Act 1966 (WPA Act). This Act constitutes the substantive law regulating the making of wills, the granting of probate and letters of administration, and the administration of deceased estates.
The WPA Act has its origins in English common law. While this provides legal certainty and structure, its application can at times sit uneasily with Papua New Guinea’s customary principles and traditional ways of life.
Culture, custom and reluctance to write wills
In practice, many Papua New Guineans delay writing wills – or never write them at all. One commonly held belief is that drafting a will invites death or misfortune. For others, making a written will simply does not align with cultural practice.
Customary land rights, food gardens, fishing rights and other resources are traditionally passed on through oral communication, rather than written instruments. Knowledge, lineage, legends and obligations are transmitted through storytelling and community recognition, not documents. In this context, the concept of a formal written will can feel foreign or unnecessary.
Life expectancy also plays a role. Many people do not reach the compulsory public service retirement age of 65. Business owners often continue working until they are no longer physically able, without formal estate planning in place.
The result is that most deceased estates in Papua New Guinea are intestate. Letters of Administration, rather than probate of a will, are the primary legal pathway through which beneficiaries seek access to estate assets.
Current practice and the role of the Public Trustee
The majority of applications for Letters of Administration in Papua New Guinea are made through the Office of the Public Trustee, which acts as the Official Trustee under the WPA Act.
Over the years, the Public Trustee has undertaken nationwide awareness campaigns advocating for the drafting of wills. While these initiatives have generated interest, the number of people who ultimately come forward to make wills remains low. This reinforces the view that reluctance is driven less by lack of information, and more by cultural attitudes and long-standing social practice.
Looking forward: strengthening estate practice
Under section 44 of the WPA Act, all deceased estates initially vest in the Public Trustee. While this central role is critical, there is a noticeable lack of private estate planning specialists and trustee service providers operating within Papua New Guinea.
Two key pieces of legislation – the Trustee Companies Act 1966 and the Trustees and Executors Act 1961 – provide a framework for trustee services and professional estate administration. However, these regimes remain underutilised.
A meaningful way forward would be to encourage the development of specialist estate planning practices and trustee services. This would enhance professional expertise, improve access to advice, and help bridge the gap between statutory law and customary realities.
Conclusion
Wills, probate and administration law in Papua New Guinea continues to evolve within a complex cultural landscape. Developing a jurisprudence that respects tradition while providing legal certainty remains an ongoing challenge, but also an opportunity.
With greater awareness, professional capacity and culturally sensitive engagement, estate practice in Papua New Guinea can continue to mature in a way that serves both the law and the communities it governs.
