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A Step by Step Guide for creating a legally valid Will in Western Australia (including online wills).
Quick Overview
To make a Will in Western Australia, you must be over 18, of sound mind, and sign a written document before two witnesses. The Will must meet the Wills Act 1970 (WA) requirements to be legally valid.
Create a legal Will in Western Australia to protect your assets and loved ones. Under the Wills Act 1970 (WA), anyone over 18 with testamentary capacity can write a Will. This guide explains each step—from drafting your document to signing it with valid witnesses—so you can feel secure about your final wishes.
Why you need a Will in Western Australia?
A Will is an important legal document that outlines how you distribute your property after death. It also lets you make key decisions about your family’s future—such as who inherits your assets or who cares for your minor children. Without a Will, Western Australia’s intestacy rules might override your preferences. Making a Will in WA keeps you in control of your estate’s distribution and your loved ones’ well-being.
Legal Requirements to make a Valid Will in Western Australia
To make a Will in Western Australia, you must follow these essentials under the Wills Act 1970 (WA). Ignoring them may lead the court to treat your Will as invalid, complicating probate:
WA Will Requirements
18+ years old (exceptions apply if married or court-granted permission)
Testamentary capacity (sound mind)
In writing (typed or handwritten)
Signed by the testator in front of two witnesses
You must be at least 18 years old
Exceptions apply if you’re married or if a court grants permission.
Have testamentary capacity
You must understand what a Will is, know your assets, and recognise who might have a claim on your estate.
Put it in writing
WA law doesn’t recognise oral Wills. You need a physical document—typed or handwritten—and you must sign it in front of two witnesses.
Sign with Two Witnesses
The person making the Will (testator) signs, and two competent witnesses watch at the same time. Although WA law allows a beneficiary to witness, that can create extra legal steps—so choosing disinterested witnesses is safer.
By following Western Australia’s will laws, you help ensure your estate goes where you intend. If your Will fails to comply, the courts might invalidate it and apply intestacy rules instead.
Step-by-Step: How to Make a Will in Western Australia
1. Choose an Executor
Your executor carries out your Will in Western Australia after you pass away. This includes distributing assets according to your wishes, paying debts, and managing legal steps—like applying for probate in the WA Supreme Court.When you select an executor, pick someone organised, trustworthy, and prepared for these duties. Many people choose a family member, close friend, or professional advisor.
It’s also wise to name a backup executor if your first choice can’t serve. Planning this step helps ensure a smoother process for your estate.
2. Name a Guardian for Minor Children
When you make a Will in WA, consider naming a guardian to care for any minor children if you pass away. This guardian manages daily decisions about education, healthcare, and overall well-being.Though optional, many parents see it as essential to specify who cares for their kids. If you don’t name a guardian, a WA court appoints one—potentially clashing with your wishes. It’s also wise to choose a backup guardian if your first choice can’t serve. Clarifying this step ensures your children’s future remains under your guidance, even when you’re gone.
3. Name a Pet Carer
When you make a Will in WA, consider adding instructions for your pets. Appoint someone to care for them and allocate funds for their upkeep. This approach keeps your furry companions safe and well-provided for—even if you’re no longer around. For more guidance on choosing the right pet carer, see our 5 Things to Consider when choosing a pet guardian.Although it’s optional, this step is important if you want control over your pets’ future. If you don’t name a pet carer or guardian, a court or your executor might decide who takes on that role—which may not match your wishes.
4. Decide who inherits your Residual Estate
Your residual estate covers anything left after paying debts, taxes, and distributing specific gifts. Select one or more beneficiaries—whether they’re family, friends, or charities—to receive these remaining assets. For clarity, list each beneficiary’s full name and the exact share they receive.Important: In Western Australia, your spouse doesn’t automatically inherit everything if you die without a Will. Learn more about WA’s inheritance laws and how intestacy rules affect your spouse’s inheritance.
It’s also wise to name backup beneficiaries in case your primary choices can’t inherit. Learn more about why backup beneficiaries are essential in your Will. Clarifying this step helps prevent confusion and ensures your wishes are followed.
5. Gifting Specific Items
If you own treasured assets—like a family heirloom, jewelry, or property—and want them to go to certain people, list these items in your Will. Provide enough detail (e.g., descriptions, photos) to prevent confusion or disputes. Before you make a Will in Western Australia, it’s wise to inventory all your assets so you know exactly what you’re gifting.It’s best practice to prepare an inventory of all your assets before finalizing your Will. That way, you’ll know exactly what you’re gifting and ensure none of your treasured possessions are overlooked.
6. Any Additional Instructions or Provisions?
You can add optional clauses, such as funeral preferences or instructions to sell certain assets. You might make a gift conditional or create a trust until beneficiaries reach a certain age. Detailing these provisions helps ensure your wishes remain clear and enforceable, especially when you make a Will in WA.
Review Your Will
Confirming Roles in Your Will
Before you finalise your Will, confirm that each chosen Executor, Guardian, and Pet Carer is willing to accept the role. Doing so prepares them for their duties and helps you avoid complications.It’s good practice to discuss these responsibilities with everyone you nominate (and any backups) to ensure they’re comfortable fulfilling them. By clarifying roles when you make a Will in WA, you reduce surprises down the track.
Executors
Manage your estate and distribute assets according to your wishes after you pass away.
Guardians
Care for your minor children and make decisions about their upbringing and well-being.
Pet Carers
Look after your pets and ensure they receive proper care and attention.
Test Your Will
Before you finalise your Will, think about possible scenarios—such as a beneficiary passing away first or certain conditions going unmet. Visualise how your instructions would play out in different circumstances, and update your Will if needed. This extra step ensures your plan covers every possibility. Learn more about scenario testing to explore these possibilities, and see how our review process works to ensure your will is complete and accurate.Signing Your Will
Signing Your Will In Front of Witnesses
After you draft your Will, print and sign it as the next crucial step. When you make a Will in WA, follow these witness requirements to ensure validity:Witness Requirements
- You must have two witnesses watch you sign the Will at the same time.
- They must be 18 or older and understand they’re witnessing your signature.
- Although WA law allows a beneficiary to witness, doing so can add extra legal steps. Choosing disinterested witnesses is recommended.
Once you sign, both witnesses must also sign, confirming they saw you and that you appeared to have capacity (sound mind).
Is Notarisation Required?
In Australia (including WA), you don’t need a notary for your Will. If you meet these witness rules, the Court generally accepts your Will without a seal or stamp.
What about Online Wills in WA?
If you use any Online Will platform in Western Australia to make your Will, it is essential that your Will is printed and signed according to these instructions. Having a Will online in Western Australia that has NOT been printed and signed will not be considered valid.
Action: Print your Will and sign it with two witnesses present at the same time. Both witnesses must watch you sign and then sign in your presence.
Storing Your Will
Keep Your Will Safe
After you sign and witness your Will, store the original in a secure spot. In WA, only that signed copy is legally valid—digital versions don’t count. If it’s lost or damaged, your loved ones might face extra hurdles distributing your estate. For more detailed information about will storage, read our guide on Where is the Safest Place to Store Your Will.No Official Will Registry for Living People: Western Australia doesn’t have an official registry for Wills made by living people. Consider these storage options when you make a Will in WA:
Store at Home
Keep your Will at home, ideally in a safe or a locked filing cabinet. Ensure your Executor knows where to find your Will.
With an Attorney
If you used a lawyer’s services to make a Will in WA, they might offer to store the original document for you in a secure facility. This option can add peace of mind, knowing your Will is protected by professionals who understand local legal requirements.
Trusted Person
If you have a close friend or family member outside your household, you can leave the Will with them. Ensure they know how critical it is to keep the document safe from loss or damage and can produce it when needed.
Let your chosen Executor (and any backups) know the exact location of your Will. That way, they can access it quickly and avoid unnecessary legal complications should something happen to you.
While digital copies are handy for reference, only the original signed Will has full legal weight in Western Australia. Ensure your executor knows exactly where to find it to avoid any legal snags.
FAQs: Making A Will In Western Australia
Ready to Create Online Wills in Western Australia?
For many, taking the first step is the hardest part. Whether you make a will using a lawyer, or make a will online, the process of making that Will legally valid is the same. Wills created in Australia must meet the formal requirements set out in their respective state or territory (including WA). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
If you need help, why not try Will Hero? You can sign up for free and draft a Will visually. Clarify your wishes as you learn about Wills and estate planning with our guides and AI Assistant. See how our step-by-step process works to understand what’s involved.
We’re making it easier than ever to create your very own online wills in Western Australia. You can also test your Will under different scenarios using a free Scenario Testing account. Upgrade only if you want to review the written document. Will Hero aims to make Will creation more visual, interactive, and even fun—instead of difficult or daunting.
Will Hero helps you prepare a legal will online that is easy to print and complete according to Australian requirements. Our digital will service prepares your Will for delivery or download.
Will Hero helps you make Online Wills in WA
Don’t put off creating your Will any longer. With Will Hero, making an online will in Western Australia is simple, affordable and stress-free. Sign up for your free account and pay when you are happy you have created the Will you want. Start protecting your loved ones and assets with a legally valid digital Will tailored to your needs.
Visual Approach
Make online wills for WA using visualisations to help you see and understand how your Will works.Learn how it works.
AI Assistance
24/7 help to guide you and answer any questions about Wills, estate planning and WA local laws.View our FAQ.
Scenario Testing
See how different circumstances such as people passing away before you impact your estate.
Legally Valid in WA
Designed for Western Australian State-specific laws with instructions to make your Will legally valid in WA.
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Drafted by Lawyers. Personalised by you. You can even make more than just a simple Will online.
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Please note: Wills created in Australia must meet the formal requirements set out in their respective state or territory (including Western Australia). Most notably, all documents must be in writing, signed, and witnessed by two independent witnesses.
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Ready to secure your legacy and protect your loved ones? Start creating your online wills in WA today. Our free trial allows you to experience the process firsthand before committing!
Follow the links and start creating a will in a matter of minutes, or call us on 1800 136 069 if you have any questions. We’ll be more than happy to help!
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
