Many Australians delay making a will, even when they know they should have one. It's the kind of task that sits on the list for years, quietly bumped aside until something forces the issue: a new baby, the purchase of a home, a parent's unexpected death. By then, the urgency is obvious but the circumstances are rarely ideal for calm decision-making.
If you need to make a will in Western Australia, the process is more achievable than most people expect. The legal requirements are clear and the process is well-established, with options ranging from low-cost online services through to full solicitor-drafted documents. That said, the formalities are not optional. Getting them wrong doesn't just weaken your will, in some cases it voids it entirely, leaving your estate to be distributed by a formula you never chose.
At Saltwater Legal in Rockingham and Jurien Bay, solicitor Michelle works directly with clients on wills and estates matters, in plain English, without hand-offs to junior staff. Before you pick up the phone, here's what you need to know: the legal requirements under Western Australian law, how witnessing works, what your drafting options are, and the mistakes worth avoiding.
What makes a will legally valid in Western Australia
The governing legislation is the Wills Act 1970 (WA), specifically Section 8, which sets out strict formal requirements that must be met for a will to be recognised as valid. Those requirements exist for good reason: to protect your true intentions, to prevent fraud, and to reduce the scope for disputes after your death.
Age and testamentary capacity
You must be at least 18 years old to make a will in Western Australia, with limited exceptions for married minors or cases where a court has granted permission. Beyond age, you must have testamentary capacity: a legal standard meaning you understand what a will does, have a reasonable grasp of what you own, and recognise who your natural beneficiaries are. In plain terms, you need to be of sound mind at the time of signing, not just generally, but on that specific day.
The writing and signature requirements
A will must be in writing, whether typed or handwritten. Verbal instructions, voice memos, or video recordings are not recognised as valid wills under WA law. The testator must sign at the foot or end of the document. If signing is not possible, another person may sign on the testator's behalf, provided this is done in the testator's presence and at their specific direction. The testator must acknowledge the signature in front of both witnesses at the same time.
When the court can recognise an informal will
Section 32 of the Wills Act 1970 (WA) gives the Supreme Court of WA a narrow discretionary power to recognise an informal document as a valid will, including an unwitnessed handwritten note, where it clearly reflects the deceased's testamentary intentions. Courts approach these applications cautiously and require compelling evidence of intent. This is a last resort, not a drafting strategy, and it offers no certainty of outcome.
Step-by-step: preparing your will from start to finish
A will is only as good as the preparation behind it. These three steps form the foundation of any well-constructed will, regardless of whether you use a solicitor, an online service, or another provider.
Step 1: Take stock of what you own and what falls outside your will
Before you can distribute your assets, you need to know what those assets actually are. List everything: real property, bank accounts, vehicles, investments, personal belongings, and any business interests.
Then note what sits outside your will's reach. Superannuation is held in a trust and governed by the fund trustee, not by your will. Jointly owned property held as joint tenants passes automatically to the surviving owner through the right of survivorship. Life insurance with a nominated beneficiary pays out directly, bypassing your estate entirely. Understanding this distinction shapes what your will actually needs to cover.
Step 2: Decide who gets what and who's in charge
Name your beneficiaries using their full legal names and their relationship to you. Phrases like "my children" or "my family" invite interpretation disputes and should be avoided. Appoint an executor by name, and seriously consider naming a substitute in case your first choice is unable or unwilling to act. If you have minor children, this is also where a guardian appointment belongs. These decisions deserve careful thought because the executor carries real legal responsibility for carrying out your wishes.
Step 3: Draft the document with care
Whether you use a solicitor, the Public Trustee, or an online platform, the wording of each clause matters more than most people realise. Vague or ambiguous language is a common source of family disputes after death. A solicitor-drafted will involves a structured questioning process designed to identify gaps and close them before the document is signed. Template-based services generate standard clauses but cannot ask the follow-up questions that a specific family situation might require.
Who can witness your will in WA and who can't
Witnessing errors are among the most common execution failures in DIY wills, and they are entirely avoidable with a basic understanding of the rules.
The two-witness rule under the Wills Act 1970
Two adult witnesses must be present at the same time when you sign your will or acknowledge your signature. Both witnesses must then sign the will in your presence. They must be at least 18 years old and of sound mind, and they should record their full name, occupation, and address on the document. You and both witnesses must all be present in the same room throughout the signing process. Sequential signing on separate occasions does not satisfy the legal requirements.
Why beneficiaries must not witness your will
WA law does not automatically void a will if a beneficiary serves as a witness, but it creates serious risk. A beneficiary who witnesses the will may lose their entitlement to the gift, and courts may presume undue influence. The same risk applies to anyone in a marriage or de facto relationship with a beneficiary: their witness signature may be tainted by presumed interest. The safest witnesses are independent adults with no interest in your estate whatsoever, a neighbour, a colleague, or a friend who stands to receive nothing under the will.
What happens if witnessing rules are broken
The will may be challenged or declared invalid. If that happens, your estate is distributed according to the intestacy rules under the Administration Act 1903 (WA), which follow a strict statutory formula that may bear no resemblance to your actual wishes. For example, if you have children from a previous relationship and a current spouse, the intestacy formula allocates the first $546,000 to your spouse plus one-third of the remainder, with children sharing the balance, and that statutory legacy attracts interest from the date of death until distribution. That outcome may or may not reflect what you wanted. Getting witnessing right removes all ambiguity.
Your options for making a will in Western Australia
There are four main pathways, each with genuine trade-offs. The right choice depends on the complexity of your estate and how much certainty you want.
DIY and online will services
Platforms such as Gathered Here, Safewill, and EveryWill generate template wills that still need to be printed, signed, and witnessed correctly. Australia Post kits start from around $40 for a couple. These services can be suitable for very simple estates with minimal assets and straightforward family arrangements. They are less suited to situations involving real property, business interests, blended families, or minor children, because templates cannot adapt to complexity the way a structured legal conversation can.
Public Trustee WA and charity programmes
The Public Trustee of WA charges around $100 to $150 for a single will and offers free preparation for pensioners and people over 60 who appoint the Public Trustee as executor. Several charities, including RSLWA and St John Giving, offer free simple wills through "Gift in Will" programmes for supporters willing to consider a charitable bequest. Storage in the WA Will Bank is available through the Public Trustee at no cost. These are solid options for simple estates, but complex family structures or business interests require specialist advice.
Working with a local solicitor
A fixed-fee solicitor in WA typically charges between $360 and $770 for a single will, with couple or mirror will packages available at a combined rate. The main advantage is not the document itself but the conversation behind it: a good solicitor asks the questions you haven't thought of, identifies gaps before they become disputes, and drafts wording that holds up under scrutiny.
Boutique firms like Saltwater Legal in Rockingham and Jurien Bay offer personalised will-drafting appointments where you work directly with an experienced solicitor. You deal with the same person throughout, no hand-offs, no waiting on callbacks. For families with property, children, or anything beyond a bare-bones estate, this kind of direct professional attention delivers genuine peace of mind.
Common mistakes that cause wills to be contested in WA
These are not theoretical risks. They are the errors solicitors encounter repeatedly, and they have real consequences for the families left behind.
Vague wording and outdated beneficiary details
Phrases like "divide my estate equally among my family" or "my valuable jewellery" create interpretation disputes because they require inference rather than instruction. Name beneficiaries by full legal name, describe assets specifically, and define what happens if a beneficiary predeceases you. Outdated wills that don't account for a divorce, remarriage, birth, or death can also trigger family provision claims under the Family Provision Act 1972 (WA). Eligible persons have six months from the date probate is granted to file such a claim, and courts take them seriously.
Execution errors that void the will
One witness instead of two, witnesses who sign separately rather than simultaneously, or a beneficiary serving as a witness are among the most common execution failures. These mistakes don't just weaken the will, they can invalidate it entirely, sending the estate through intestacy rules. Proper execution requires all three parties to be present in the same room at the same time. While Section 32 of the Wills Act 1970 (WA) gives the Supreme Court a narrow discretion to admit informal documents in rare circumstances, relying on that provision is uncertain and costly. Meet the formal requirements.
No evidence of mental capacity at signing
If the testator had dementia, a serious mental illness, or was visibly under influence at the time of signing, the will can be challenged on capacity grounds. An attestation clause, where witnesses formally record that they observed the testator's clear understanding at the time of signing, carries real legal weight and is a simple precaution. For elderly testators or those with existing health concerns, a brief contemporaneous medical record confirming capacity adds a meaningful additional layer of protection.
The next step is simpler than you think
When you understand what the law requires, making a will in Western Australia is entirely within reach. The path is well-established and the guidance is available, what trips people up is the detail, and that detail is manageable with the right support.
For simple estates with no property, no business interests, and no complex family arrangements, low-cost services are a reasonable place to start. For anything more involved, real property, children, a blended family, or business succession, professional attention is worth every cent. The cost of a solicitor-drafted will is modest. The cost of a disputed or invalid one is not.
If you're in Rockingham or Jurien Bay and want a straightforward conversation with a solicitor who handles your matter personally, contact Saltwater Legal to book a fixed-fee appointment. Don't leave it until life makes the decision for you.