Making a Will in Western Australia
Everything you need to know about creating a legally valid Will in WA under the Wills Act 1970 (WA) & Family Provision Act 1972 (WA).
Quick Facts — WA
Legislation
Wills Act 1970 (WA) & Family Provision Act 1972 (WA)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Solicitor Cost
$500–$1,200
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
Divorce revokes gifts and appointments to the former spouse. The rest of the Will remains valid.
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
Cost of Making a Will in WA
Traditional Solicitor
$500–$1,200
One-off, per revision
ezyWill
$99/year
Unlimited updates included
How to Create Your Will in WA
Sign Up Free
Create your free ezyWill account. No credit card required.
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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