Wills: A clear, valid will. Why it matters in WA (2025)

Why have a will?

A will lets you decide who manages your estate (your executor) and who receives your assets. Without one, the intestacy rules apply, which can create delays, extra cost, and outcomes you wouldn’t have chosen.

Formalities that make (or break) a will

In Western Australia, a will generally must be in writing, signed by you, and witnessed by two people who are present at the same time, and those witnesses sign in your presence.  Electronic or remote witnessing for wills is not presently permitted in WA (unlike NSW, which made limited remote witnessing permanent). 

What your will can and can’t cover

• Estate assets: bank accounts, personal belongings, your share of solely-owned property.
• Often not estate assets: superannuation (the fund generally decides who receives it unless a valid Binding Death Benefit Nomination (BDBN) directs otherwise) and jointly owned property held as joint tenants. For super, trustees must pay death benefits “as soon as possible” under the scheme rules and law. 

Choosing your executor

Pick someone trustworthy and organised (you can appoint more than one). Executors have fiduciary duties and personal liability if they breach them, so it’s sensible to appoint someone who can seek advice when needed. (General guidance on executor duties under WA law is consistent with the Wills Act 1970 and probate practice.)

When to update

Review your will whenever you marry, separate, have children or grandchildren, buy/sell major assets, start a business, or your executor/beneficiaries change.

How we help

We draft robust wills, manage complex family situations, and coordinate super nominations so your will and super align.

This is general information, not legal advice. Ask us how the rules apply to your situation.