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Does My Spouse Automatically Inherit Everything in Western Australia?
Understanding WA’s inheritance laws, intestacy rules, and how to protect your partner’s future.
In Western Australia, many people assume their spouse or de facto partner will automatically inherit everything when they pass away. But that isn’t always true. (For a general overview of spousal inheritance across Australia, see Does a Spouse Automatically Inherit Everything in Australia?.)
WA’s inheritance laws are governed by the Administration Act 1903 (WA), which sets out how an estate is distributed if someone dies without a valid Will. Depending on your family structure, your spouse may receive all, most, or only part of your estate — with the rest divided among children or other relatives.
This article explains how inheritance works for married and de facto partners specifically in WA, what happens if there’s no Will, and why making a Will is the only way to ensure your spouse receives exactly what you intend.
How Spousal Inheritance Works in Western Australia
When someone dies, their assets are distributed according to either:
- A valid Will, which clearly sets out their wishes, or
- Intestacy laws, if no valid Will exists.
If there’s a valid Will naming your spouse or partner as the beneficiary, they inherit according to your instructions. But if there’s no Will, WA’s intestacy rules apply — and that can lead to unexpected outcomes.
Note: Inheritance laws vary between Australian states and territories. For a comparison of how spousal inheritance works across Australia, see our guide Does a Spouse Automatically Inherit Everything in Australia?.
What Happens If There’s No Will in WA (Intestacy)
Under the Administration Act 1903 (WA), a surviving spouse or de facto partner is first in line to inherit. However, their share depends on who else survives the deceased. For more information about what happens when you die without a Will, see our guide What Happens If I Pass Away Without a Will in Australia?.
1. If there are no children, parents, or siblings
The spouse or de facto partner inherits the entire estate.
2. If there are children (and all are children of both the deceased and the surviving spouse)
If all children of the deceased are also children of the surviving spouse, the spouse or de facto partner inherits the whole estate.
Example: If Tom and his spouse Emma have three children together, and Tom dies without a Will, Emma inherits the entire estate.
3. If there are children from a previous relationship
If the deceased had children who are not children of the surviving spouse (for example, from a previous marriage or relationship), the estate is divided:
- The spouse or partner receives a statutory legacy (currently around $472,000 (as of 2025, indexed annually) — see Administration Act 1903 (WA), section 14 for current figures),
- Household chattels (personal effects such as furniture, household items, and personal belongings), and
- One-third of the remainder of the estate.
The remaining two-thirds are divided equally among the deceased’s children.
Example: If John dies without a Will, leaving a spouse Sarah and two children from his previous marriage, Sarah receives the statutory legacy ($472,000 as of 2025, indexed annually), household chattels, and one-third of the remaining estate. John’s two children share the remaining two-thirds equally.
4. If there are no children, but parents or siblings survive
The spouse receives:
- The first $472,000 (as of 2025, indexed annually) (statutory legacy),
- Household chattels, and
- Two-thirds of the remainder.
The remaining one-third is divided between parents (if they survive) or siblings (if parents have predeceased). Parents take precedence over siblings.
Example: If Mary dies without a Will, leaving a spouse David and her parents, David receives the statutory legacy, household chattels, and two-thirds of the remainder. Mary’s parents share the remaining one-third equally.
These statutory legacy amounts are reviewed periodically by the WA Government and are indexed over time. Always check the latest figures in the Administration Act 1903 (WA) or speak to a lawyer if you’re unsure.
Married vs De Facto Partners in Western Australia
In WA, de facto partners are generally treated the same as legally married spouses under intestacy — provided they meet certain criteria.
To qualify as a de facto partner under WA law, you must generally:
- Have lived together in a marriage-like relationship for at least two years, or
- Have a child together, or
- Be living together and registered under the Family Court Act 1997 (WA).
The definition of de facto partner for intestacy purposes is set out in the Administration Act 1903 (WA), which references the Family Court Act 1997 (WA) for the definition of a de facto relationship.
If these conditions aren’t met, your partner might not be recognised as an eligible beneficiary — leaving them with no automatic right to inherit. Having a Will removes this uncertainty completely.
What About Joint Property and Superannuation?
Some assets pass outside the estate, which can cause confusion when working out who receives what.
Jointly Owned Property
If you and your spouse own a home as joint tenants, your share automatically passes to the surviving owner — it doesn’t form part of the estate.
If you hold property as tenants in common, your share becomes part of your estate and follows your Will (or intestacy law).
Superannuation and Life Insurance
Superannuation and life insurance aren’t automatically covered by your Will.
To make sure these assets go to your spouse, you need to:
- Nominate them as your binding beneficiary with your super fund, or
- Specify in your Will that the proceeds are to be paid to your estate and distributed accordingly.
You can learn more in our article What Happens to Your Superannuation When You Die.
Blended Families and Stepchildren in WA
Blended families are common — and they often complicate inheritance.
Under WA law, stepchildren aren’t automatically included as beneficiaries unless they’ve been legally adopted. If you wish to leave part of your estate to a stepchild, you must state this explicitly in your Will.
Without a valid Will, your estate may be split between your spouse and biological children only, leaving stepchildren excluded.
For complex family situations, you can use our Will Provisions Library to add specific clauses and conditions tailored to your blended family’s needs.
Why Making a Will in Western Australia Is So Important
Creating a Will ensures your spouse or partner inherits the way you intend — not the way state law dictates.
A Will allows you to:
- Name your spouse (or anyone else) as your main beneficiary
- Provide for children and stepchildren fairly
- Appoint an executor to manage your estate
- Avoid disputes or confusion during an already stressful time
The process doesn’t have to be difficult or expensive. You can make a legally valid Will online in as little as 15 minutes. For detailed information about WA’s legal requirements, including witnessing requirements and step-by-step instructions, see our comprehensive guide How to Make a Will in Western Australia (2025 Guide). Learn more about how Will Hero works and our pricing.
What If There’s a Dispute?
Even with a Will, eligible family members (such as spouses, de facto partners, or children) can make a Family Provision claim under the Inheritance (Family and Dependants Provision) Act 1972 (WA) if they believe they haven’t been adequately provided for.
Disputes can be time-consuming and costly. The best way to reduce this risk is to:
- Keep your Will up to date,
- Be clear about your intentions, and
- Seek advice if your family structure is complex.
If you pass away without a Will, the Public Trustee WA may step in to administer your estate — and fees will apply.
Learn more at Public Trustee Western Australia.
Summary: Protecting Your Spouse’s Inheritance in Western Australia
In Western Australia, your spouse or de facto partner doesn’t automatically inherit everything if you die without a Will. The distribution of your estate depends on your family structure — whether you have children, parents, or siblings who survive you.
The key takeaway is simple: creating a valid Will is the only way to ensure your spouse receives exactly what you intend. Without a Will, WA’s intestacy laws under the Administration Act 1903 (WA) will determine how your estate is divided — and the outcome may not match your wishes.
Making a Will in Western Australia doesn’t have to be complicated or expensive. With Will Hero, you can create a legally valid Will online in just 15 minutes, tailored to WA’s specific requirements. This gives you peace of mind knowing your spouse and loved ones are protected according to your exact wishes.
Don’t leave your spouse’s inheritance to chance. Take control of your estate planning today and ensure your partner’s future is secure.
Related Reading
- Does a Spouse Automatically Inherit Everything in Australia? — National overview of spousal inheritance laws across Australia
- How to Make a Will in Western Australia (2025 Guide)
- What Happens If I Pass Away Without a Will in Australia?
- Where Is the Safest Place to Store Your Will?
- Online Wills Perth
Need Help Protecting Your Spouse’s Inheritance in Western Australia?
At Will Hero, our mission is to empower Western Australians with the knowledge and tools to protect their spouse’s or partner’s inheritance. We understand that WA’s intestacy laws under the Administration Act 1903 (WA) can be complex — and the stakes are high when it comes to ensuring your partner receives exactly what you intend.
If you’re concerned about protecting your spouse’s inheritance or want to ensure your Will is legally valid in Western Australia, Will Hero can help:
- WA-Specific Legal Compliance: Our Wills are tailored to meet Western Australia’s legal requirements, including proper witnessing under the Wills Act 1970 (WA)
- Visual Will: See exactly how your estate will flow to your spouse and beneficiaries with our interactive Visual Will feature. Watch how your estate adjusts if beneficiaries pass away before you, ensuring your spouse is always protected
- Scenario Testing: Test different scenarios — such as what happens if your spouse passes away before you — with our Scenario Testing feature. Instantly see how your estate adjusts so you can ensure your Will is complete and logical
- AI Assistant: Get instant answers to your WA-specific Will questions with our AI Assistant, available 24/7 to help guide you through the process
- Protect Your Spouse: Clearly name your spouse or de facto partner as your beneficiary, with backup beneficiaries to ensure your wishes are protected even if your primary beneficiaries can’t inherit
- Handle Blended Families: Fairly provide for children and stepchildren using our Will Provisions Library to add specific clauses, avoiding the complications of intestacy
- Professional Review Included: Get peace of mind knowing your Will meets all WA legal requirements
You can create a legally valid Will tailored to Western Australia’s specific requirements in as little as 15 minutes. Start creating your Will today and ensure your spouse’s inheritance is protected according to your exact wishes.
If your situation is particularly complex (for example, if you have significant business interests, international assets, or concerns about potential Will challenges), we recommend consulting with a qualified estate planning lawyer in Western Australia for personalised advice.
FAQs: Spousal Inheritance in Western Australia
Not always. If there's no valid Will, your spouse's share depends on who else survives you. If there are children from another relationship, your estate is shared between your spouse and those children.
De facto partners can inherit under WA law if they meet certain criteria — usually living together in a marriage-like relationship for two years or having a child together. A Will is still the safest way to guarantee your partner's rights.
Your spouse will not automatically inherit everything. They receive a statutory amount and part of the remainder, while your children share the balance. A Will lets you decide exactly how your estate is divided.
No — unless they are legally adopted. To include them, you must make a valid Will naming them as beneficiaries.
Your estate will be distributed under the Administration Act 1903 (WA). The Public Trustee WA may administer the estate if no eligible person applies for probate.
Yes, spousal inheritance laws vary between Australian states and territories. Each state has its own intestacy legislation that determines how estates are distributed when someone dies without a Will. For example, statutory legacy amounts, distribution formulas, and de facto partner requirements can differ. For a national overview, see Does a Spouse Automatically Inherit Everything in Australia?. For state-specific guidance on making a Will, see our guides for NSW, Victoria, Queensland, Tasmania, South Australia, ACT, and Northern Territory.
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
