How To Make a Will in Western Australia (2025 Guide)
A Step-By-Step Guide to Creating a Last Will and Testament In WA
Why make a Will in Western Australia?
A Will is an important legal document that outlines how you distribute your property after death. It also lets you make key decisions about your family’s future—such as who inherits your assets or who cares for your minor children. Without a Will, Western Australia’s intestacy rules might override your preferences. By choosing to Make a Will in WA, you keep control over your estate’s distribution and your loved ones’ well-being.
Legal Requirements to make a Valid Will in Western Australia
To make a Will in Western Australia, you must follow these essentials under the Wills Act 1970 (WA). Ignoring them may lead the court to treat your Will as invalid, complicating probate:
You must be at least 18 years old. Exceptions apply if you’re married or if a court grants permission.
Have testamentary capacity. You must understand what a Will is, the extent of your assets, and who might have a claim on your estate.
Put it in writing. WA law doesn’t recognise oral Wills. You need a physical document—typed or handwritten—and you must sign it in front of two witnesses.
Sign with Two Witnesses. The person making the Will (testator) signs, and two competent witnesses watch at the same time. Although WA law allows a beneficiary to witness, that can create extra legal steps—so choosing disinterested witnesses is safer.
By following Western Australia’s will laws, you help ensure your estate goes where you intend. If your Will fails to comply, the courts might invalidate it and apply intestacy rules instead.
Step-by-Step: How to Make a Will in Western Australia
1. Choose an Executor
Your executor carries out your Will in Western Australia after you pass away. This includes distributing assets according to your wishes, paying debts, and managing legal steps—like applying for probate in the WA Supreme Court.
When you select an executor, pick someone organised, trustworthy, and prepared for these duties. Many people choose a family member, close friend, or professional advisor.
It’s also wise to name a backup executor if your first choice can’t serve. By planning this step when you make a Will in Western Australia, you help ensure a smoother process for your estate.
2. Name a Guardian for Minor Children
When you make a Will in WA, consider naming a guardian to care for any minor children if you pass away. This guardian manages daily decisions about education, healthcare, and overall well-being.
Though optional, many parents see it as essential to specify who cares for their kids. If you don’t name a guardian, a WA court appoints one—potentially clashing with your wishes.
It’s also wise to choose a backup guardian if your first choice can’t serve. By clarifying this step, you ensure your children’s future remains under your guidance, even when you’re gone.
3. Name a Pet Carer
When you make a Will in WA, consider adding instructions for your pets. Appoint someone to care for them and allocate funds for their upkeep. This approach keeps your furry companions safe and well-provided for—even if you’re no longer around.
Although it’s optional, this step is important if you want control over your pets’ future. If you don’t name a pet carer or guardian, a court or your executor might decide who takes on that role—which may not match your wishes.
4. Decide who inherits your Residual Estate
Your residual estate covers anything left after paying debts, taxes, and distributing specific gifts. Select one or more beneficiaries—whether they’re family, friends, or charities—to receive these remaining assets. For clarity, list each beneficiary’s full name and the exact share they receive.
It’s also wise to name backup beneficiaries in case your primary choices can’t inherit. By clarifying this step when you make a Will in WA, you reduce confusion and ensure your intentions are followed.
5. Gifting Specific Items
If you own treasured assets—like a family heirloom, jewelry, or property—and want them to go to certain people, list these items in your Will. Provide enough detail (e.g., descriptions, photos) to prevent confusion or disputes. Before you make a Will in Western Australia, it’s wise to inventory all your assets so you know exactly what you’re gifting.
6. Any Additional Instructions or Provisions?
You can add optional clauses, such as funeral preferences or instructions to sell certain assets. You might make a gift conditional or create a trust until beneficiaries reach a certain age. Detailing these provisions helps ensure your wishes remain clear and enforceable, especially when you make a Will in WA.
Review Your Will
Confirming Roles in Your Will
Before you finalise your Will, confirm that each chosen Executor, Guardian, and Pet Carer is willing to accept the role. Doing so prepares them for their duties and helps you avoid complications.
It’s good practice to discuss these responsibilities with everyone you nominate (and any backups) to ensure they’re comfortable fulfilling them. By clarifying roles when you make a Will in WA, you reduce surprises down the track.
Executors
Guardians
Pet Carers
Test Your Will
Before you finalise your Will, think about possible scenarios—such as a beneficiary passing away first or certain conditions going unmet. Visualise how your instructions would play out in different circumstances, and update your Will if needed. This extra step ensures your plan covers every possibility.
Signing Your Will
Signing Your Will In Front of Witnesses
After you draft your Will, print and sign it as the next crucial step. When you make a Will in WA, follow these witness requirements to ensure validity:
Witness Requirements
- You must have two witnesses watch you sign the Will at the same time.
- They must be 18 or older and understand they’re witnessing your signature.
- Although WA law allows a beneficiary to witness, doing so can add extra legal steps. Choosing disinterested witnesses is recommended.
Once you sign, both witnesses must also sign, confirming they saw you and that you appeared to have capacity (sound mind).
Is Notarisation Required?
In Australia (including WA), you don’t need a notary for your Will. If you meet these witness rules, the Court generally accepts your Will without a seal or stamp.
Storing Your Will
Keep Your Will Safe
After you sign and witness your Will, store the original in a secure spot. In WA, only that signed copy is legally valid—digital versions don’t count. If it’s lost or damaged, your loved ones might face extra hurdles distributing your estate.
Western Australia doesn’t have an official registry for living people’s Wills. Consider these storage options when you make a Will in WA:
Store at Home
Keep your Will at home or give it to a reliable friend or family member. Make sure they know it’s crucial to protect the original.
With an Attorney
If you worked with a lawyer, they can offer to store your Will in a secure location.
Trusted Person
You can also leave your Will with a trusted individual who recognises its importance and will keep it safe from harm.
While digital copies are handy for reference, only the original signed Will has full legal weight in Western Australia. Ensure your executor knows exactly where to find it to avoid any legal snags.
FAQs: Making a Will in Western Australia
1. What Are My Options for Creating a Will in Western Australia?
In Western Australia, you have several ways to make a Will:
- Use an Online Platform: For simpler estates, a service like Will Hero provides an affordable, convenient path to a valid Will. Our visual interface guides you step by step to ensure you cover all essentials.
- Hire a Lawyer: If your estate is large or complex, or if you need specialised legal advice, a solicitor can help with estate tax planning, trusts, and more intricate issues.
- Handwrite Your Will: As long as you meet the witnessing requirements (see FAQ #3), a handwritten Will can be legally valid in WA.
2. Do I Need a Lawyer to Make a Will in WA?
No. In Western Australia, you don’t need a lawyer to create a valid Will. If your estate is straightforward and your wishes are clear, an online or handwritten Will often works. However, if your estate is complex—or if you’re concerned about tax planning or trusts—consulting a legal professional can offer peace of mind.
3. Are Handwritten Wills Valid in Western Australia?
Yes. When you make a Will in Western Australia, you can handwrite it, provided you follow the rules. Under the Wills Act 1970 (WA), you must sign any typed or handwritten Will in front of two witnesses who watch simultaneously.
If your handwritten Will fails these formalities, the WA Supreme Court might invoke its “dispensing power” to validate it. However, that route is uncertain and often costly. To avoid complications, use two independent witnesses from the start—no matter how you draft your Will.
4. Is there Any Inheritance Tax in Western Australia?
Australia (including WA) doesn’t charge inheritance or estate taxes—“death duties” ended decades ago. However, you may face capital gains tax (CGT) if you sell an inherited asset for a profit.
Death itself doesn’t trigger a tax automatically, but if you hold complex assets (like property or investments), consult a tax professional. That way, you understand possible CGT or other tax issues before you make a Will in WA.
5. Do I Need to Notarise My Will in Western Australia?
No. In WA, you don’t need a notarised Will for it to be valid. Just sign your Will in front of two witnesses, who must also sign in your presence.
6. Can I Change My Will After It’s Signed?
Yes. As long as you have sound mind, you can update your Will anytime. Typically, you have two choices:
- Add a Codicil: This amendment modifies your existing Will. Sign and witness it the same way as the original.
- Create a New Will: Draft a new document that revokes all earlier Wills and codicils. After signing, destroy every old copy to avoid confusion.
7. What Happens if I die without a Will?
If you die without a Will in Western Australia, intestacy laws decide who inherits your estate. Typically, your closest relatives receive your assets. If you have no immediate family, the state might claim your property.
If you have minor children, the court selects their guardian, which could conflict with your wishes. By choosing to make a Will in WA, you stay in control of these vital decisions.
8. What is Probate?
Probate is the legal process that begins after someone dies. It confirms a Will’s validity and ensures the estate is distributed according to that Will—or, if no Will exists, under Western Australia’s intestacy law.
In WA, the Supreme Court (via its Probate Office) grants probate. Typically, the executor applies for a Grant of Probate. This process usually involves:
Filing the Will
The executor files the Will with the Supreme Court of Western Australia, along with a petition to open probate. If there’s no Will, they submit a petition for intestate succession.Appointing an Executor
If a valid Will names an executor, that person manages the estate. If the Will lacks one—or if no Will exists—the court appoints an administrator.Inventory of Assets
The executor identifies and values the deceased’s property—such as bank accounts, investments, personal belongings, and debts.Paying Debts and Taxes
Before distributing the estate, the executor settles all debts, taxes, and expenses (like mortgages or medical costs).Distributing the Estate
Once everything is paid, the executor distributes any remaining assets to beneficiaries named in the Will. If no Will exists, the estate passes to heirs under WA’s intestacy rules.Closing the Estate
After meeting all obligations, the executor files a final petition to close the probate process.
When you make a Will in WA, you choose an executor who typically handles these steps for you—ensuring your estate follows your wishes.
9. How Long Does Probate Take?
In Western Australia, probate can span anywhere from a few months to over a year. Estate complexity, beneficiary disputes, or a contested Will may prolong the process. On average, it finishes in about 9 to 18 months.
10. Can Probate Be Avoided?
You can often reduce probate by arranging certain assets so they bypass your estate:
- Joint Tenancy: Property held as joint tenants automatically goes to the surviving owner.
- Beneficiary Designations: Superannuation or life insurance often skip probate if you name direct beneficiaries.
- Family Trusts: Shifting assets into a trust means the trust—not you—owns them, so they typically avoid probate. Just move real estate, bank accounts, or investments into the trust properly.
Many people use living trusts or beneficiary designations to streamline estate administration and cut probate costs. If you want to minimise probate when you make a Will in Western Australia, consider these strategies early.
Ready to Start Making your Will?
Many people find that beginning the process is the hardest part. If you want help, try Will Hero—you can sign up for free and draft a Will visually. Clarify your wishes as you learn about Wills and estate planning with our guides and AI Assistant.
You can also test your Will in different scenarios using our free Scenario Testing account. Upgrade only if you want to review and download your finished document. Will Hero makes Will creation more visual, interactive, and even fun—instead of overwhelming.
No matter how you decide to make a Will in Western Australia, start now to protect your loved ones and your legacy.
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
