Wills and estate planning in Western Australia

• Wills Act 1970 (WA) (WA)

  The principal Act. Section 7 sets 18 as the minimum age for making a will, and section 8 in Part III sets out how a will must be signed and witnessed. Section 14 deals with marriage and section 14A with the ending of a marriage by divorce or annulment, which in WA revokes the whole will unless a contrary intention is shown. Section 32 in Part X is the informal wills dispensing power, and Part XI lets the Supreme Court authorise a will for an adult who lacks testamentary capacity.

• Administration Act 1903 (WA) (WA)

  Governs probate and letters of administration, the duties of personal representatives and, in sections 14 and 15, the distribution of an estate where a person dies without a will.

• Family Provision Act 1972 (WA) (WA)

  Allows a spouse or de facto partner, a former spouse or former de facto partner who was receiving or entitled to receive maintenance, a child, and in defined circumstances a grandchild, stepchild or parent of a deceased person to apply to the Supreme Court for provision from the estate. Section 7(2) sets the time limit: 6 months from when the executor or administrator becomes entitled to administer the estate in Western Australia, unless the Court gives leave to file out of time.

• Guardianship and Administration Act 1990 (WA) (WA)

  Creates the enduring power of attorney for financial and property decisions, the enduring power of guardianship for personal, lifestyle and treatment decisions, and the advance health directive. It also allows the State Administrative Tribunal to appoint a guardian or administrator where one is needed.

• Public Trustee Act 1941 (WA) (WA)

  Establishes the Public Trustee of Western Australia, which drafts wills for a fee, keeps original wills in the WA Will Bank, acts as executor and administrator of deceased estates, and can be appointed to manage the financial affairs of a person who cannot manage them.

• Superannuation Industry (Supervision) Act 1993 (Cth) (CTH)

  Commonwealth law governing superannuation death benefits. It applies in Western Australia and controls who a fund can pay a death benefit to and what makes a binding nomination effective.

• Supreme Court of Western Australia (Probate Office)

  Grants probate and letters of administration through its Probate Office, and hears informal will applications under section 32 of the Wills Act 1970 (WA), applications for court authorised wills under Part XI of that Act, Family Provision Act claims and disputes about whether a will is valid.

• State Administrative Tribunal of Western Australia

  Appoints guardians and administrators for adults unable to make their own decisions, can declare an enduring power of guardianship valid or invalid and revoke or vary it, can intervene in enduring powers of attorney, and makes the declaration of incapacity that brings into force an enduring power of attorney made to start only on incapacity.

• Public Trustee (Western Australia)

  Drafts wills and enduring powers of attorney for a fee, keeps original wills in the WA Will Bank, acts as executor and administrator of deceased estates, and manages the financial affairs of people who cannot manage them. Phone 1300 746 116.

• Office of the Public Advocate (Western Australia)

  Provides free information, kits and forms for enduring powers of attorney and enduring powers of guardianship, and information about advance health directives, through a telephone information line on 1300 858 455. It also investigates concerns about adults with a decision-making disability, and the State Administrative Tribunal can appoint the Public Advocate as guardian when no other suitable person is willing to act.

1. 01List your assets and how they are held

   Record real property and whether it is held as joint tenants or tenants in common, bank accounts, shares, superannuation and any insurance held inside super, business and trust interests and overseas assets. Only assets in your sole name pass under your will.

   Typical timeframe: 1-2 weeks

2. 02Choose your executor and decide the structure

   Decide who administers the estate, who inherits, what happens if a beneficiary dies before you, and whether a testamentary trust is warranted. Consider who could claim under the Family Provision Act 1972 (WA).

   Typical timeframe: 1-2 weeks

3. 03Draft the will and the enduring documents

   Prepare the will together with an enduring power of attorney and an enduring power of guardianship under the Guardianship and Administration Act 1990 (WA), and an advance health directive if you want written medical directions.

   Typical timeframe: 1-3 weeks

4. 04Execute the will

   Sign in the presence of at least two witnesses who are together at the same time, and have them sign in your presence. The Wills Act 1970 (WA) has no provision for witnessing a will by video link, so sign in person with both witnesses in the room.

   Typical timeframe: 1 day

5. 05Sign the enduring power of attorney and enduring power of guardianship

   Both documents must be signed in front of two adult witnesses, at least one of whom is authorised to witness statutory declarations under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA). The other witness cannot be a person you are appointing. Each attorney and each enduring guardian must sign to accept the appointment, and an enduring guardian's acceptance must also be witnessed by two such witnesses.

   Typical timeframe: 1-3 weeks

6. 06Complete an advance health directive if you want one

   Use the form published by the Department of Health to record the treatment decisions you want made and the circumstances in which they apply. It is worth discussing the directive with your doctor so the wording matches realistic clinical situations. Sign in front of two adult witnesses, at least one of whom is authorised to witness statutory declarations, and give certified copies to people involved in your care, such as your GP and enduring guardian.

   Typical timeframe: 2-6 weeks

7. 07Refresh your superannuation nomination

   Confirm which nomination types your fund offers and lodge a new one if needed. A lapsing binding nomination expires after 3 years unless you renew it. Some funds offer non-lapsing nominations, but not every fund offers every type.

   Typical timeframe: 2-6 weeks

8. 08Store the original and review

   Keep the signed original somewhere safe, such as with your lawyer, in the Public Trustee's WA Will Bank or in bank safe custody, and tell your executor where it is. Review it after any marriage, divorce, birth, death or significant change in your assets, and at least every few years.

   Typical timeframe: Every few years

Lawyers set their own fees for wills and enduring documents, and Legal Aid WA recommends getting an estimate of costs before engaging a private lawyer. Plans involving testamentary trusts, blended families or a business usually take more work than a simple will. The Public Trustee drafts wills for a fee: from 1 July 2026 a will costs $54 for a single person with an eligible concession card and $416 without one, with lower per-person fees for couples, and an enduring power of attorney costs $54 or $137. The will fees cover an initial interview of up to 1.5 hours (2 hours for a couple). If a will is more complex, extra work is charged by the hour, but the Public Trustee's total in-house fees for preparing a will are capped at $1,650, plus any third-party costs. The concession rate applies only to the first will in any 12-month period. The Public Trustee normally drafts only wills that appoint it as sole executor, or as substitute executor after your spouse or de facto partner, although in exceptional cases it may draft other wills at different fees. The enduring powers of attorney it drafts appoint the Public Trustee or your spouse or de facto partner as attorney. It charges further fees if it later administers the estate. After a death, the Supreme Court filing fee for an application for a grant of probate or letters of administration is a flat $418 from 1 July 2026. Contested proceedings, such as an informal will application under section 32 or a Family Provision Act claim, can be slow and costly, and the estate may end up paying some or all of the legal costs.