Wills in Western Australia
Make a free Will in Western Australia
Create your Will online in about 15 minutes, for people living in Perth, Mandurah, Bunbury, Geraldton and regional WA. Then sign it properly with our free step-by-step guide. Want extra peace of mind? Our paid Check & Store service (launching soon) will check it and store a secure copy.
Elizabeth Quay, Perth · Photo: Unsplash
Why a Will matters
Without a valid Will, the law decides who inherits your estate, and your family has to sort it out at the hardest possible time. A Will lets you choose who receives what, who looks after your affairs as executor, and who cares for your children.
It's easy to put off, but illness or an accident can make it urgent overnight. If someone is already seriously unwell or their memory is affected, speak to a lawyer, as a Will made when capacity is in doubt can be challenged.
Making a valid Will in Western Australia
Wills in Western Australia are governed by the Wills Act 1970 (WA).
For your Will to be valid, it generally needs to be:
- In writing (a printed Will is fine)
- Made by you as an adult with the mental capacity to understand it
- Signed by you in front of two adult witnesses who are both present at the same time
- Signed by both witnesses while you are there to see it
Choosing your witnesses
Never use a beneficiary, or the partner of a beneficiary, as a witness. Depending on where you live, they can lose their gift, or it can open the Will up to challenge. Neighbours, colleagues and friends who aren't named in your Will are good choices.
Can a Will be witnessed by video in Western Australia?
Sign your Will in person, with both witnesses physically present at the same time. Do not rely on video witnessing in WA.
After you sign: tell the right people
The law doesn't require you to tell anyone about your Will. But a few simple steps now can save your family a lot of stress, delay and conflict later.
Ask your executor, then tell them
Check the person you have chosen is willing to be your executor. They can decline the role later, so it is worth asking first. Then tell them they have been named.
Tell your executor where the original is
Your executor will usually need the signed original. Keep it somewhere safe and dry that they can get to. A safe deposit box in your name alone can be hard for anyone else to open.
Talk to your family about your wishes
Surprises cause disputes. If you are leaving someone out or dividing things unevenly, explaining why, in person or in a separate signed note kept with your Will, can help avoid a challenge later. An estate lawyer can advise on this.
Leave a list with your Will
Note your bank accounts, property, super, insurance policies, debts and key contacts such as your accountant. It saves your executor weeks of detective work.
Check your super nomination
Super is not automatically covered by your Will. Ask your super fund whether you have a valid beneficiary nomination, and whether it matches your wishes.
Keep it up to date
Review your Will after big life changes, and let your executor know when you make a new one.
When to update your Will
Review your Will every few years, and straight away after a major life change. In particular:
- Marriage generally cancels an existing Will, unless it was made with that marriage in mind.
- Divorce generally cancels gifts to, and appointments of, your former spouse.
- A new child or grandchild, a death in the family, or buying or selling major assets.
Any new version must be signed and witnessed again to replace the old one.
Documents to consider in Western Australia
A Will covers what happens after you die. These documents cover what happens if you can't make decisions while you're alive:
- Enduring Power of Attorney: someone to manage your money and property if you lose capacity.
- Enduring Power of Guardianship: someone to make personal, lifestyle and treatment decisions.
- Advance Health Directive: your instructions about future medical treatment.
We don't prepare these documents yet. Register your interest and we'll let you know when we do.
After a death: probate in Western Australia
- Court
- Supreme Court of Western Australia (Probate Registry)
- How to apply
- Online through Probate Online Forms, or by post. You can apply from 14 days after the death.
- Court fee (2026-27)
- A flat fee of $418.
- Time limit to contest the Will
- 6 months from the grant of probate.
- Worth knowing
- Some very small estates can be dealt with through a simplified process with the registry, without a full grant.
Are you an executor? Read our plain-English guide for executors, including what to do first and how to find a solicitor if you need one.
Get your Will checked in Western Australia
Launching soon. For $99, we'll check your Will's names, dates and addresses are correct, check every signed page and both witnesses, then store a secure digital copy with a certificate for your executor.
Register interestNo printer? We'll print and post your Will from $12.95 (launching soon).
Common questions
How many witnesses does a Will need in Western Australia?
Two. Both must be adults, and you and both witnesses must all be present together when you sign. Choose people who are not beneficiaries in your Will, and not the partners of beneficiaries.
Can I make my own Will in Western Australia?
Yes. A Will does not have to be prepared by a lawyer to be valid. It needs to be in writing, signed by you and witnessed correctly. If your situation is complex, it is worth speaking to an estate lawyer.
Can a Will be witnessed by video in Western Australia?
Sign your Will in person, with both witnesses physically present at the same time. Do not rely on video witnessing in WA.
How long do people have to contest a Will in Western Australia?
6 months from the grant of probate. After that, a claim generally needs the court's permission. Executors shouldn't share out the estate until this time has passed.
This page is general information about Wills in Western Australia, checked October 2026. It isn't legal advice. We are not a law firm. If your situation is complex, please speak to an estate lawyer.