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 online in Western Australia. Our visual interface guides you step by step to ensure you cover all essentials.

• Hire a Lawyer: Ideal for larger or more complex estates, or if you need professional advice on trusts, tax planning, or other specialised issues.

• Handwrite Your Will: As long as you follow WA’s witnessing rules (see FAQ #3), a handwritten Will can still be legally valid in Western Australia.

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.

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.

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.

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.

Yes. As long as you have sound mind, you can update your Will anytime. Typically, you have two choices:

• Add a Codicil: A codicil acts as a legal amendment to your existing will. Sign and witness it just like the original.
• Create a New Will: Make a new document that revokes all earlier Wills and codicils. After signing, destroy every old copy to avoid confusion.

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.

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:

1. 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.

2. Appointing an Executor If a valid Will names an executor, that person manages the estate. Otherwise, the court appoints an administrator to fulfill the same responsibilities.

3. Inventory of Assets The executor identifies and values the deceased’s property, such as bank accounts, investments, personal belongings, and debts.

4. Paying Debts and Taxes Before distributing the estate, the executor settles all debts, taxes, and expenses (like mortgages or medical bills).

5. 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.

6. Closing the Estate After meeting all obligations, the executor files a final petition to close probate.

When you make a Will in WA, you choose an executor who typically handles these steps for you—ensuring your estate follows your wishes.

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.

While you can’t always eliminate probate, there are ways to minimise it by structuring assets so they don’t fall into your estate at death. Popular strategies include:

• Joint Tenancy/Ownership (Right of Survivorship): Property held in joint tenancy automatically passes to the surviving owner.

• Beneficiary Designations: Superannuation (retirement) and life insurance policies often bypass the estate if you name beneficiaries.

• Family Trusts: A family trust lets you transfer asset ownership into the trust while you're alive. The trust holds these assets during your lifetime, then transfers them to your chosen beneficiaries after death. Because the trust, not you, owns the assets, they don't require probate. Make sure you move items (real estate, bank accounts, investments) into the trust correctly to benefit from this arrangement.

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.