Making a Will in Western Australia
Everything you need to know about creating a Will in WA under the Wills Act 1970 (WA) & Family Provision Act 1972 (WA) — legally valid when properly executed.
Quick Facts — WA
Legislation
Wills Act 1970 (WA) & Family Provision Act 1972 (WA)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Witnesses Cannot Be
Beneficiaries or their partners
Will Requirements in WA
Under the Wills Act 1970 (WA) & Family Provision Act 1972 (WA), a Will is legally valid in Western Australia when the following requirements are met:
Witnessing Rules in WA
Two independent adult witnesses must be present together when the testator signs. Both witnesses must sign in the presence of the testator. Witnesses should not be beneficiaries.
Marriage & Divorce Effects on Your Will
Effect of Marriage
Marriage automatically revokes an existing Will unless made in contemplation of that specific marriage.
Effect of Divorce
Western Australia is the outlier: under s14A of the Wills Act 1970 (WA), the ending of your marriage revokes your whole Will, not just the gifts to your former spouse, unless a contrary intention appears. Remaking your Will after a divorce order is essential in WA.
Informal Wills in WA
Section 32 of the Wills Act 1970 allows the court to admit informal documents as a Will if satisfied they represent the deceased's testamentary intentions.
While informal Wills may be recognised in certain circumstances, relying on one is risky. A properly executed Will avoids uncertainty and potential legal costs for your loved ones.
Family Provision Claims in WA
Under the Family Provision Act 1972, eligible claimants include spouse (including de facto), children, grandchildren, and parents. WA is notable for having a separate Family Provision Act rather than including these provisions in the main Wills Act.
Unique Considerations for WA
- Separate Family Provision Act 1972 (not part of the main Wills Act)
- Claims must be made within 6 months of probate
- Courts consider the size of the estate and claimant's financial position
- De facto partners have similar rights to married spouses
- Divorce revokes your entire Will under s14A of the Wills Act 1970 (WA) — not just gifts to your ex-spouse, as in most other states
After You Sign It in WA
The paper stays still
You print your Will and sign it in front of two independent adult witnesses who aren't beneficiaries. That signed original is the document that counts — so you also record where you keep it.
Everything around it stays living
How to reach the people you've named, the documents and account details your executor will need, your funeral wishes — all editable online, with every change on the record. When the time comes, the people named in your Will are told.
How to Create Your Will in WA
Sign Up
Create your ezyWill account to start building your Will.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Wills Act 1970 (WA) & Family Provision Act 1972 (WA).
Download Your Will
Review your professionally formatted Will and download the PDF.
Sign with Witnesses
Sign your Will in the presence of two independent adult witnesses in WA. Both witnesses must also sign.
Frequently Asked Questions — WA
Is an online Will legally valid in Western Australia?
Yes. Under the Wills Act 1970, a Will is valid in WA when it is in writing, signed by the testator, and witnessed by two independent adults who both sign in the testator's presence. The method of creation does not affect validity.
What happens if I die without a Will in WA?
If you die intestate in Western Australia, the Administration Act 1903 governs distribution. Your spouse typically receives personal effects, a statutory legacy, and a share of the residue. If there is no spouse, assets pass to children, then parents, then siblings, and so on.
Why does WA have a separate Family Provision Act?
Western Australia is unique in having the Family Provision Act 1972 as separate legislation from the Wills Act 1970. This Act allows eligible persons to apply to the court for provision from the estate if they have not been adequately provided for.
How long do I have to contest a Will in WA?
Under the Family Provision Act 1972, claims must be made within 6 months from the date probate is granted. The court considers the size of the estate, the claimant's financial position, and the claimant's relationship to the deceased.
Does marriage cancel my Will in WA?
Yes. Marriage automatically revokes your existing Will in Western Australia unless the Will was made in contemplation of that specific marriage.
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