What Happens If I Die Without a Will in Western Australia?

Dying without a Will in Western Australia means the Administration Act 1903 (WA) takes control of your estate. Your Perth home, regional WA property, investments, bank accounts, and personal possessions are distributed according to Western Australia’s strict intestacy rules — regardless of what you wanted or discussed with family. Learn more: Online Wills Western Australia

For Western Australians from Perth to regional areas, dying intestate creates real problems: most bank accounts in the deceased’s sole name are usually frozen for months, costly Supreme Court of Western Australia applications, family conflicts over inheritance, and assets split in ways you’d never choose.

This guide explains exactly how Western Australia intestacy works, who inherits what, and how creating a Will protects your estate from these outcomes.

In Short — What Happens If You Die Without a Will in Western Australia?

Many families are surprised to learn that without a Will, the law makes all the decisions — not you. Here’s what you need to know:

• The law decides who inherits — not you. Your personal wishes, conversations with family, or informal notes have no legal effect.
• Blended families are treated very differently — step-children who aren’t legally adopted typically receive nothing, and children from previous relationships may get far less than you’d want.
• Bank accounts may be inaccessible for months — most sole-name accounts are usually frozen until court processes complete, which can take 4-9 months or longer.
• Your family must apply to the Supreme Court of Western Australia — there’s no automatic executor, so someone must go through the Letters of Administration process.
• The process is slower, more expensive, and less predictable than having a Will — court delays, legal fees ($2,500-$10,000+), and frozen assets create significant hardship.

All timeframes and cost ranges in this guide are indicative only and vary depending on court workload, estate complexity, and individual circumstances.

Most people assume things will “just work themselves out” — they usually don’t. Creating a Will gives you control and protects your family from these complications.

Understanding Western Australia Intestacy Laws

In Western Australia, dying intestate triggers the Administration Act 1903 (WA) — a set of statutory rules that override your personal wishes completely. Like other states, Western Australia uses specific distribution formulas, statutory legacy amounts, and court procedures that apply uniformly across the state. While Western Australia intestacy rules (also known as WA intestacy rules) follow the Administration Act 1903 (WA), the basic principle is similar across Australia — learn more in our complete Australia-wide guide to dying without a Will.

Why Western Australia’s Intestacy Laws Matter

Western Australia’s intestacy laws were designed decades ago and may not reflect modern family structures. Many Western Australians are surprised to discover that:

• Their de facto partner of 18 months has no automatic inheritance rights
• Step-children they’ve raised for years receive nothing
• Their estate may be divided in ways they never intended
• Court processes can take months, leaving families without access to funds

Understanding these laws helps you see why creating a Will is essential for protecting your loved ones.

The harsh reality: Conversations with family, handwritten notes, or informal documents not intended as a Will have no legal effect under Western Australia law. Only a valid Will (including a court-accepted informal Will under section 8 of the Wills Act 1970 (WA)) can override intestacy rules.

Without a Will, your estate has no automatic executor. Family members must apply to the Supreme Court of Western Australia for Letters of Administration — a legal process that commonly freezes most bank accounts held solely in the deceased’s name and blocks property transfers.

Understanding WA Will laws and Western Australia intestacy rules helps you see why creating a Will is essential. Processing times are unpredictable but often range from around 4-6 months in Perth (commonly longer in regional areas) and can extend significantly if disputes arise or the estate is complex.

What this means in practice:

• Your loved ones may have no access to funds for months, even for urgent expenses
• Property sales are delayed until court processes complete
• Legal costs are deducted from the estate before anyone inherits

Want the details on the court process? Jump to Letters of Administration.

Who Inherits if You Die Without a Will in Western Australia?

Under the Administration Act 1903 (WA), Western Australia follows a strict statutory order to decide who receives your estate. Western Australia inheritance laws (also referred to as WA inheritance laws) determine the exact distribution depending on which relatives survive you:

Western Australia Intestacy Distribution Order

1. Spouse or de facto partner
2. Children (biological or adopted)
3. Parents
4. Siblings
5. Extended relatives — nieces, nephews, grandparents, cousins
6. The Western Australia government (if no relatives are found; bona vacantia is uncommon but can occur)

How Your Estate Is Distributed in Western Australia

Spouse Only (No Children, Parents, or Siblings)

If you die without a Will in Western Australia and are survived by a spouse or de facto partner but no children, parents, or siblings, your spouse inherits the entire estate.

Example: Jennifer lives in Perth and dies without a Will. Her partner Robert inherits her entire estate — including their shared Perth home, her investment portfolio, superannuation (if not separately nominated), and all personal belongings.

Spouse and Children (All Are Spouse’s Children)

If you have a spouse and children, and all children are from that relationship, your spouse inherits the entire estate. Your children receive nothing under intestacy laws. While children may be eligible to make a family provision claim, such claims depend entirely on circumstances and are not guaranteed.

Example: James lives in Perth with his wife Patricia and their three children. If James dies without a Will, Patricia inherits everything — their Perth family home, all bank accounts, investments, and personal property. Under Western Australia intestacy laws, the children receive nothing directly. While they may potentially make family provision claims, such legal actions are complex, expensive, and outcomes are never guaranteed.

Spouse and Children (Some From Previous Relationship)

This is where Western Australia intestacy laws can create unexpected outcomes for blended families. If you have a spouse and children from a previous relationship, your estate is divided as follows:

• Household chattels (furniture, personal items, vehicles) go to your spouse
• Statutory legacy: Your spouse receives the statutory legacy (the prescribed amount under the Administration Act 1903 (WA), indexed annually — approximately $472,000 at the time of writing)
• Remainder: The remaining estate is split:
  • One-third to your spouse
  • Two-thirds divided equally among all your children

Note: Figures shown are indicative only and rounded. The exact statutory legacy amount changes over time with annual indexation.

Western Australia Example: Robert lives in Perth with his second wife Catherine. He has two adult children from his first marriage who live in regional WA. Robert dies without a Will, leaving an estate valued at $800,000.

• Catherine receives: Household chattels + $472,000 + one-third of remainder ($109,333) = approximately $581,333 plus chattels
• Children (combined): Two-thirds of remainder ($218,667) = approximately $109,333 each

Note: Figures shown are indicative only and rounded. Actual amounts depend on the exact statutory legacy at the time of death.

This division may not reflect what Robert would have chosen — Catherine receives most of the estate, while his children receive significantly less.

Learn more: Does a spouse automatically inherit everything in Australia?

Spouse and Parents or Siblings (No Children)

If you die without a Will in Western Australia and have a spouse but no children, and parents or siblings survive, your estate is divided as follows:

• Household chattels go to your spouse
• Statutory legacy: Your spouse receives approximately $472,000 (indexed annually)
• Remainder: The remaining estate is split:
  • Two-thirds to your spouse
  • One-third divided between parents (if they survive) or siblings (if parents have predeceased)

Western Australia Example: Mary lives in regional WA and dies without a Will, leaving a spouse David and her parents. Mary’s estate is worth $600,000.

• David receives: Household chattels + $472,000 + two-thirds of remainder ($85,333) = approximately $557,333 plus chattels
• Parents (combined): One-third of remainder ($42,667) = approximately $21,333 each

Children Only (No Spouse)

If you die without a Will in Western Australia and have children but no spouse, your children inherit the estate in equal shares.

Example: Thomas lives in regional Western Australia and dies without a Will. He has three adult children from his previous marriage. Under Western Australia intestacy laws, each child receives an equal one-third share of his entire estate.

Parents, Siblings, and Extended Family

If you die without a Will in Western Australia and have no spouse or children, your estate passes to:

1. Parents (equally if both survive)
2. If no parents: Siblings (equal shares)
3. If no siblings: Extended relatives (nieces, nephews, grandparents, cousins)
4. If no relatives found: The Western Australia government (bona vacantia)

De Facto Partners in Western Australia

De facto partners are recognised under Western Australia intestacy laws, but only if specific requirements are met under the Administration Act 1903 (WA):

• 2-year requirement: You must have lived together continuously for at least 2 years immediately before death, OR
• Child together: You have had a child together (regardless of cohabitation period), OR
• Registered relationship: You are living together and registered under the Family Court Act 1997 (WA)

Western Australia Example: Sophie and Mark live together in Perth for 18 months. Sophie dies without a Will. Under Western Australia law, in most cases Mark would not qualify as a de facto partner because they haven’t lived together continuously for the required 2 years immediately before death. Sophie’s estate would pass to her children or parents instead, leaving Mark with no automatic inheritance rights.

Important: Proving a de facto relationship can be complex and may require documentation (joint bank accounts, shared bills, evidence of cohabitation). This process can delay estate administration significantly. A Will removes all doubt and ensures your partner is protected.

Blended Families and Step-Children in Western Australia

Step-children who haven’t been legally adopted are generally not included in Western Australia’s statutory order of distribution. This can create difficult situations for blended families.

Western Australia Example: Linda lives in Perth with her husband Paul. Linda has a step-daughter from Paul’s previous marriage who she has raised for 10 years and considers her own child. Linda dies without a Will. Her step-daughter receives nothing under Western Australia intestacy laws, despite the close relationship and years of care.

Exception: Step-children may be eligible to make a family provision claim under Western Australia law if they were:

• Wholly or substantially maintained by the deceased, OR
• A dependant member of the deceased’s household

However, family provision claims are expensive, time-consuming, and uncertain — outcomes are not guaranteed. Creating a Will that explicitly names step-children as beneficiaries avoids this uncertainty entirely.

How Western Australia Intestacy Affects Your Assets

Bank Accounts in Western Australia

Most bank accounts held solely in the deceased’s name will usually be frozen upon death if there’s no Will. While banks have discretion in this area, they commonly freeze sole-name accounts to protect the estate until Letters of Administration are granted — a process that can take 4-6 months in Perth (often longer in regional Western Australia courts), though timelines can vary significantly depending on court workload and estate complexity.

Joint accounts: Joint accounts usually remain accessible to the surviving account holder. Joint bank accounts are generally not frozen unless the bank has specific concerns about the account or estate, though banks may restrict large withdrawals until the estate is administered.

Critical exception: Most Western Australia banks will release funds directly to funeral homes for burial or cremation costs from sole-name accounts if you provide a death certificate and funeral invoice. All other funds in sole-name accounts remain inaccessible during the entire administration period.

What this means in practice:

• Your family may have no access to money for months while waiting for court processes
• Even urgent expenses like mortgage payments or medical bills may be delayed
• Joint accounts remain accessible, but sole-name accounts are usually frozen

Western Australia Property Distribution

Sole ownership: Property you own individually (whether in Perth’s inner suburbs, regional Western Australia, or coastal areas) becomes part of the intestate estate.

This often comes as a shock to partners — property may need to be sold to allow the estate to be divided according to Western Australia’s statutory formulas. This means a family home might be sold even if your spouse and children still live there, because assets may need to be converted to cash for equal distribution, and the surviving spouse may not be entitled to receive the property outright under the intestacy formula.

Joint tenants vs tenants in common: This distinction matters critically in Western Australia:

• Joint tenants: The surviving owner automatically inherits the full property (bypasses intestacy entirely)
• Tenants in common: Your share becomes part of the intestate estate and is distributed according to Western Australia’s statutory order

Real Western Australia scenario: A Perth couple owns their inner-city apartment as tenants in common (50% each). One partner dies without a Will. The deceased partner’s 50% share becomes part of the intestate estate and must be distributed according to Western Australia’s statutory formulas — potentially forcing a sale of the entire property or requiring the surviving partner to buy out the deceased’s share from other beneficiaries.

What this means in practice:

• Family homes may need to be sold to divide assets
• Property sales are delayed until court processes complete
• The surviving spouse may lose the family home if they can’t afford to buy out other beneficiaries

Superannuation and Life Insurance in Western Australia

Superannuation receives different treatment compared to other assets under Western Australia law. Unlike bank accounts or property, superannuation doesn’t automatically become part of your estate when you die. If you’ve made a binding death benefit nomination, your super fund must follow it. Without a binding nomination, the fund trustee makes the decision based on the fund’s rules — which may completely ignore how Western Australia intestacy laws would distribute your estate.

Life insurance with named beneficiaries bypasses your estate completely, regardless of Western Australia intestacy laws.

Learn more: What happens to your superannuation after you die

Children and Guardianship in Western Australia

When both parents die without Wills in Western Australia, a court must appoint a guardian for your children under family law processes — there is no automatic appointment without a Will.

Many families are surprised to learn that the court may choose family members you wouldn’t have selected, or create disputes between relatives who both apply.

The court process for appointing guardians is governed by family law legislation (not intestacy law) and can take months, involving:

• Family members filing competing applications
• Court assessments of each applicant’s suitability
• Interviews with children (if age-appropriate)
• Potential placement in temporary care during proceedings

For Western Australia children already traumatized by losing parents, this additional uncertainty and potential family conflict can cause lasting psychological harm.

What this means in practice:

• Your children may be placed with someone you wouldn’t have chosen
• Family disputes over guardianship can delay placement for months
• Children may experience temporary care arrangements during court proceedings

Creating a Western Australia Will lets you appoint specific guardians and provide detailed instructions about your children’s care, education, and living arrangements.

Letters of Administration in Western Australia

Still with us? This is the point where most Western Australian families start realising why a Will matters.

If you die without a Will in Western Australia, there’s no Executor automatically authorized to manage your estate. Instead, someone must apply to the Supreme Court of Western Australia for Letters of Administration to gain legal authority to handle your estate.

This often comes as a shock to families — they discover there’s no one automatically authorized to handle the estate, and court processes must begin before anything can be distributed.

Who Can Apply?

Typically, the person with the highest priority under Western Australia intestacy laws (usually your spouse or eldest adult child) must apply. The application process requires:

• Sworn affidavits
• Death certificates
• Detailed information about your assets and debts
• Evidence of relationships (especially for de facto partners)

How Long Does It Take in Western Australia?

Court processing times vary significantly and are unpredictable:

• Perth: Often around 4-6 months for straightforward estates, but timing depends on court workload
• Regional Western Australia: Commonly 6-9 months or longer due to limited court sitting schedules, fewer court staff, and less frequent probate hearings
• Complex estates: Can extend well beyond 12 months if disputes arise, extensive asset valuations are required, or documentation is incomplete

During this period:

• Most bank accounts in the deceased’s sole name are usually frozen (joint accounts are typically accessible), but individual bank practices vary
• Property sales cannot proceed
• Beneficiaries have no access to funds from frozen accounts for living expenses, mortgage payments, or emergency costs

What this means in practice:

• Your family may have no access to money for months
• Property sales are delayed until court processes complete
• Costs are deducted before anyone inherits

What Does It Cost in Western Australia?

Legal fees for Letters of Administration in Western Australia vary significantly:

• Basic estates: Typically cost $2,500-$4,000 in Perth
• Regional Western Australia: Often higher due to travel requirements and limited solicitor competition
• Complex estates: Can cost $5,000-$10,000+ if disputes arise or extensive asset valuations are needed
• Public Trustee Western Australia: The Public Trustee Western Australia may charge percentage-based fees depending on the estate and services required

These fees are deducted from the estate before any distribution occurs — meaning your family receives less. Public Trustee Western Australia only acts if appointed or if no one else applies.

Most families only learn this after a death — not before.

If you want to avoid putting your family through this uncertainty, creating a Will together with your partner ensures you both protect each other — learn how to have this important conversation. If you want clarity rather than court processes, discover the easiest way to get a Will online in Australia in just 15 minutes.

Regional Western Australia Considerations

Western Australia’s geographic size creates unique challenges for intestacy administration:

Perth vs Regional Western Australia Courts

• Supreme Court of Western Australia (Perth): Often processes Letters of Administration in 4-6 months for straightforward estates, though timelines are unpredictable and can vary based on court caseloads and estate complexity
• Regional courts (Bunbury, Geraldton, Kalgoorlie): Often take 6-9 months or longer due to limited sitting schedules, fewer court staff, and less frequent probate hearings

Property in Regional Western Australia

Regional Western Australia properties (rural land, mining communities, coastal areas) may face:

• Longer valuations and sale processes
• Different property market conditions affecting distribution amounts
• Additional complexity if property includes business assets or farming equipment

Access to Legal Services

Families in regional Western Australia may face:

• Fewer solicitors with probate experience
• Higher costs for court applications (requiring Perth solicitors)
• Travel expenses for court appearances

How Western Australia Differs from Other Australian States

Western Australia’s intestacy laws have distinct features that differ significantly from other states:

Western Australia vs NSW, Victoria, and Queensland

• Statutory legacy: Western Australia uses approximately $472,000 (indexed annually, plus household chattels) for blended families, while NSW uses ~$506,000, Victoria ~$486,870, and Queensland ~$469,000 (each state’s amount is also adjusted for inflation)
• Distribution formula: Western Australia’s one-third/two-thirds split between spouse and children (after statutory legacy) differs from other states’ 50/50 splits
• Court procedures: Supreme Court of Western Australia processes can differ from other states’ court procedures

These figures are indicative only and change regularly due to indexation; always refer to current legislation for your state.

Western Australia-Specific Legislation

Western Australia intestacy is governed by the Administration Act 1903 (WA).

Official Legislation: Administration Act 1903 (WA)

Western Australia-specific notes:

• The statutory legacy amount is indexed annually for inflation — consult current legislation or a Western Australia solicitor for exact figures at the time of death
• The Act has been amended multiple times since 1903 (de facto recognition, distribution changes) — always reference the current version
• Western Australia courts (Perth vs regional) may have different processing times and requirements

Common Problems When There’s No Will in Western Australia

When someone dies intestate in Western Australia, families commonly encounter several issues:

• Disputes between partners and children over who should inherit what
• Significant delays in releasing funds — most sole-name bank accounts are usually frozen for months
• Legal costs that may be $2,000-$5,000+ (can be higher for complex estates) reducing what your family receives — learn why you shouldn’t put off writing your Will and how these costs can be avoided
• Family homes may need to be sold — a surviving spouse in Perth may need to sell property to divide assets with children from a previous relationship, as assets must be converted to cash for equal distribution
• Personal possessions sold — sentimental items liquidated rather than passed to specific loved ones
• No nominated guardians for children or pets — a court will decide under family law processes; there is no automatic appointment without a Will
• The wrong people inheriting — or no one at all (estate goes to Western Australia government)

In the absence of a Will, the Public Trustee Western Australia may step in to administer the estate if no family member applies or if appointed by the court. Public Trustee charges fees that vary depending on estate size and complexity, further reducing what your family receives.

How to Avoid Intestacy in Western Australia

To ensure this never applies to your family, avoiding intestacy in Western Australia is straightforward: create a valid Will that clearly sets out your wishes under the Administration Act 1903 (WA).

Creating a Will protects your estate and ensures your wishes are followed. Real Australians have learned the hard way why a Will matters — create yours before it’s too late. Discover the easiest way to get a Will online in Australia in just 15 minutes, or learn how to make a Will in Western Australia for Western Australia-specific requirements.

With Will Hero, you can create a Western Australia-compliant Will that:

• Follows all Western Australia legal requirements automatically
• Allows you to appoint Executors and Guardians
• Lets you specify exactly who inherits what
• Includes detailed gifts, provisions, and backup plans
• Gives you visual previews before finalising
• Works from home in Perth, regional WA, or anywhere in Western Australia

You can even start your Will from home — it’s easy and affordable.

If you’re not ready to make a Will yet, even reading through the steps can help you understand what’s involved and prepare for when you’re ready.

Step-by-step Guide: How to make your Will at home

Western Australia-Specific Guides:

• How to make a Will in Western Australia — Complete WA guide with signing rules and requirements
• Online Wills Western Australia — Create your Western Australia-compliant Will online with Will Hero
• Online Wills Perth — Create your Will online in Perth with Will Hero

Where Should You Keep Your Will in Western Australia?

After signing your Will in Western Australia, it’s important to store it safely — where your Executors can find it when needed. Never keep your only copy in a place others can’t access (like a personal safe without sharing the code).

Common storage options in Western Australia include:

• Secure home filing (with a trusted family member knowing the location)
• Western Australia solicitor’s office
• Bank safety deposit box (major banks in Perth and regional areas offer these)
• Public Trustee Western Australia (offers Will storage services)

Many Western Australia residents choose multiple copies — one at home and one with their solicitor for added security.

Read next: Where is the safest place to store your Will?

Western Australia vs. Other Australian States

Intestacy laws vary significantly across Australia. While Western Australia uses a statutory legacy (approximately $472,000, indexed annually, plus household chattels) for blended families, other states use different amounts, each also adjusted for inflation:

• New South Wales: ~$506,000 statutory legacy
• Victoria: ~$486,870 statutory legacy
• Queensland: ~$469,000 statutory legacy (CPI-indexed quarterly)
• South Australia: Varies by formula
• Tasmania: Statutory legacy plus 50% of remainder
• ACT and NT: Different statutory legacy amounts

The distribution percentages, formulas, and statutory legacy amounts differ significantly by state. These figures are indicative only and change regularly due to indexation; always refer to current legislation for your state.

Learn More: What happens if you die without a Will in Australia — Complete Australia-wide guide with state-by-state comparisons

Or explore our specific State guides:

ACTNew South WalesNorthern TerritoryQueenslandSouth AustraliaTasmaniaVictoriaWestern Australia

Key Takeaways

• Dying without a Will in Western Australia means the Administration Act 1903 (WA) decides — not you
• Blended families face complex distribution rules with statutory legacy amounts
• Family disputes, court delays, and unexpected outcomes are common
• De facto partners must meet the 2-year requirement, have a child together, or be registered
• Letters of Administration often take 4-6 months (though timelines are unpredictable) and may cost $2,000-$5,000+ (can be higher for complex estates) — avoid these costs by creating your Will online for just $99 with professional review
• You can protect your family and your wishes by creating your Will online with Western Australia-specific templates

Will Hero makes it simple to create a legally valid Western Australia Will from home — with visual previews, guided steps, and Western Australia-specific compliance built in. Create your Western Australia Will online to avoid intestacy and protect your loved ones.

Frequently Asked Questions

How Will Hero Can Help Western Australians

Protecting your loved ones with a legally valid Will doesn’t have to be complicated or expensive. Will Hero makes the process straightforward for Western Australia residents in Perth, regional areas, and everywhere in between:

• Western Australia-Specific Compliance: Our platform automatically follows all requirements under the Administration Act 1903 (WA), ensuring your Will is legally valid in Western Australia
• Step-by-Step Visual Guidance: Our Visual Will and Scenario Testing features provide an intuitive interface that guides you through every section, helping you understand how your estate will be distributed
• More than just a Simple Will: Customise your Will with detailed provisions and clauses to match your unique circumstances
• AI Assistant: Will Hero’s AI Assistant WillBot is available around the clock to help with questions about Wills, estate planning, and Western Australia law
• Expert Support: Get assistance with drafting your Will and using our platform. We provide clear Western Australia-specific signing and witnessing instructions to guide you through the process
• Easy Updates: Update your Will whenever your situation changes — new relationships, children, property acquisitions, or other life events
• Cost-Effective: Will Hero offers professional-quality Will creation for $99 (partner discount available at $59 for second Will, save $40) — see our pricing for details — at a fraction of traditional Perth solicitor fees

Will Hero helps Western Australians create a Will that meets all legal requirements without the high costs or scheduling constraints of traditional legal services.