Making A Will
Learn more about making a will in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- What Is In A Will
FreePhone case assessment
We’ll have a quick chat over the phone about your assets and possible beneficiaries. We will need to know if it’s your first or subsequent will and can give you an idea on what things might cost. If you’re happy to proceed we can look at booking you a convenient appointment.
Book appointment with our estate lawyers
If it’s clear consulting a solicitor to draft your will would benefit you, we can identify the right one for you and arrange a convenient appointment. We will review any documents you send us and brief them before your arrival to maximise your time with them.
In depth consultation
At your meeting your solicitor will run through your assets and wishes in much more detail to ensure the will is in accordance with legislation to avoid any possible conflicts in the future. Once they have a full overview they can then proceed to professionally draft your will.
Will drafted
Once you are happy you understand your rights and obligations for your will, you might instruct your solicitor to draft the will for you there and then.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Making a will
A will is a declaration by a testator as to how the testator’s estate is to be disposed of after the testator’s death. In Western Australia, a will is generally not valid to be admitted to probate unless it is in writing, it is made by a testator who has testamentary capacity, and is executed in a proper manner according to multiple legal requirements. Wills are governed by the Wills Act 1970.
In Plain English
A will is a written legal document which is prepared so that after your death, any property you may have is distributed in the way you wish for it to be. If you are incapable of entering into a contract (for example due to illness or medication), you are not eligible to make a will. There are many formal requirements associated with executing a will, and if these are not done properly, the Will may not be valid.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Meet with our estate lawyers today
- Learn about the law surrounding wills.
- Understand what is possible and what isn't.
- Decide if you would like to draft your will.
- Recieve your will & peace of mind.
Common misconceptions
“A post office Will kit or a homemade will is good enough.”
DIY wills are often extremely cheap, but are highly risky. They do not cater to individual circumstances, and there is a large scope for confusion and errors in having requirements complied with.
“Getting married has no effect on my will.”
Marriage or divorce will almost always cancel your will.
“My family will take care of everything because they know what I want.”
Without a valid will in place your family will lack the necessary authority to make important decisions, they will be bound by the authority of the courts.
“My family are close and never argue.”
Deceased estates are among the most emotionally driven litigation matters. The clearer you are about how you want your affairs the easier it will be to avoid such situations.
What you can put in a will
- Name of the person(s) who will make sure that all of the requests in your will are carried out properly (also called the executor(s)).
- Specific personal property, real estate, amounts of money, or even a percentage/fraction of your estate to be given to a beneficiary of your will.
- Special arrangements such as payment for your executor, disposal of your body, occupation of your home, gifts to charity, etc.
- Name of the person(s) who will benefit under your will.
- Name of the person(s) whom you wish to be appointed the guardian for any younger children.
Who can be a benificiary in a will?
Except for pets, you can choose who you wish to nominate as a beneficiary in your will. The choice really is yours, whether it’s the executor, a family member, or someone totally unrelated to you. But if your will does not adequately look after any person you may have a duty to provide for, that person may challenge your will. Additionally, there are many options available to protect the legacy you leave behind, and it might not be a straightforward decision. For example, if you have a simple will where you wish to leave everything to your spouse, have you considered what might happen if your spouse gets into financial trouble? What if this is your second marriage? What if your spouse remarries and there are more children or step-children? What if your family is prepared to challenge your wishes after you have gone? It is always best to get legal advice and have our lawyers prepare your Will to minimise the possibility of such issues arising.
What you can't put in a will
- Gifts or money for illegal purposes;
- Certain life insurance, retirement, and superannuation payouts;
- Certain stocks, bonds, and on-death bank accounts;
- Companies and partnerships;
- Property owned by a living trust; and
- Joint tenancy property where the joint tenant survives you.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
We’ll have a quick chat over the phone about your assets and possible beneficiaries. We will need to know if it’s your first or subsequent will and can give you an idea on what things might cost. If you’re happy to proceed we can look at booking you a convenient appointment.
Book appointment with our estate lawyers
If it’s clear consulting a solicitor to draft your will would benefit you, we can identify the right one for you and arrange a convenient appointment. We will review any documents you send us and brief them before your arrival to maximise your time with them.
In depth consultation
At your meeting your solicitor will run through your assets and wishes in much more detail to ensure the will is in accordance with legislation to avoid any possible conflicts in the future. Once they have a full overview they can then proceed to professionally draft your will.
Will drafted
Once you are happy you understand your rights and obligations for your will, you might instruct your solicitor to draft the will for you there and then.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
The Law
Making a will
A will is a declaration by a testator as to how the testator’s estate is to be disposed of after the testator’s death. In Western Australia, a will is generally not valid to be admitted to probate unless it is in writing, it is made by a testator who has testamentary capacity, and is executed in a proper manner according to multiple legal requirements. Wills are governed by the Wills Act 1970.
In Plain English
A will is a written legal document which is prepared so that after your death, any property you may have is distributed in the way you wish for it to be. If you are incapable of entering into a contract (for example due to illness or medication), you are not eligible to make a will. There are many formal requirements associated with executing a will, and if these are not done properly, the Will may not be valid.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
What Is In A Will
Meet with our estate lawyers today
- Learn about the law surrounding wills.
- Understand what is possible and what isn't.
- Decide if you would like to draft your will.
- Recieve your will & peace of mind.
Common misconceptions
“A post office Will kit or a homemade will is good enough.”
DIY wills are often extremely cheap, but are highly risky. They do not cater to individual circumstances, and there is a large scope for confusion and errors in having requirements complied with.
“Getting married has no effect on my will.”
Marriage or divorce will almost always cancel your will.
“My family will take care of everything because they know what I want.”
Without a valid will in place your family will lack the necessary authority to make important decisions, they will be bound by the authority of the courts.
“My family are close and never argue.”
Deceased estates are among the most emotionally driven litigation matters. The clearer you are about how you want your affairs the easier it will be to avoid such situations.
What you can put in a will
- Name of the person(s) who will make sure that all of the requests in your will are carried out properly (also called the executor(s)).
- Specific personal property, real estate, amounts of money, or even a percentage/fraction of your estate to be given to a beneficiary of your will.
- Special arrangements such as payment for your executor, disposal of your body, occupation of your home, gifts to charity, etc.
- Name of the person(s) who will benefit under your will.
- Name of the person(s) whom you wish to be appointed the guardian for any younger children.
Who can be a benificiary in a will?
Except for pets, you can choose who you wish to nominate as a beneficiary in your will. The choice really is yours, whether it’s the executor, a family member, or someone totally unrelated to you. But if your will does not adequately look after any person you may have a duty to provide for, that person may challenge your will. Additionally, there are many options available to protect the legacy you leave behind, and it might not be a straightforward decision. For example, if you have a simple will where you wish to leave everything to your spouse, have you considered what might happen if your spouse gets into financial trouble? What if this is your second marriage? What if your spouse remarries and there are more children or step-children? What if your family is prepared to challenge your wishes after you have gone? It is always best to get legal advice and have our lawyers prepare your Will to minimise the possibility of such issues arising.
What you can't put in a will
- Gifts or money for illegal purposes;
- Certain life insurance, retirement, and superannuation payouts;
- Certain stocks, bonds, and on-death bank accounts;
- Companies and partnerships;
- Property owned by a living trust; and
- Joint tenancy property where the joint tenant survives you.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
