How to Make a Will in Western Australia: Requirements, Witnesses and What Happens Next

General information, not legal advice. This guide is our best interpretation of Western Australian law as at October 2026. WillBuddy is not a law firm, and it never replaces advice from a lawyer or solicitor. If your situation is complex, or you are unsure about anything here, please get legal advice.

This guide explains how to make a valid will if you live in Western Australia: who can make one, how it must be signed and witnessed, what can cancel it, and what happens after you die.

Quick Answer

In Western Australia, wills are governed by the Wills Act 1970 (WA). A will must be in writing, signed by you, and witnessed by two witnesses who are present together when you sign (s8). The Act has no procedure for witnessing a will by video, so plan to sign in person. Marriage generally cancels an existing will unless it was made with that marriage in mind (s14), and divorce generally cancels the whole will unless a contrary intention appears (s14A), so make a new will after a divorce.

Who can make a will in Western Australia

You generally need to be 18 or over: the Act says a will made by a person under 18 is not valid (Wills Act 1970 (WA) s7). The Act has no exception for a person under 18 who is married. The Supreme Court can authorise a will for someone who lacks testamentary capacity, but only if that person is 18 or over (s40).

You also need testamentary capacity: you understand that you are making a will, what you own, who might expect to benefit, and the effect of your choices. If there is any doubt about capacity, for example because of illness, a lawyer and a doctor's assessment at the time of signing can help protect the will.

How to sign and witness a will in Western Australia

Section 8 of the Wills Act 1970 (WA) sets out the formal requirements:

1. In writing. Printed or handwritten.
2. Signed by you, or by someone else in your name, in your presence and at your direction. The signature must be placed so that it is apparent you intended it to give effect to the will.
3. Two witnesses present at the same time when you sign, or when you acknowledge your signature. A person who cannot see and attest that you signed cannot act as a witness (s11). The Act sets no minimum age, but it is best to use adults who could later explain what happened.
4. The witnesses sign the will in your presence. No special form of words is required.

Good practice: sign at the end, initial each page, and have the witnesses write their names and addresses. Keep the original safe and tell your executor where it is.

Witnessing by video

The Wills Act 1970 (WA) has no procedure for witnessing a will over an audio-visual link, and it requires the witnesses to be present. Western Australia's electronic transactions laws also do not apply to making, signing or revoking a will (Electronic Transactions Regulations 2012 (WA) r4(1)(a)). Sign in person, with both witnesses in the room, or get legal advice first.

Who should witness

The current Act does not contain a rule that cancels a gift to someone who witnesses your will. Even so, choose two independent adults: not beneficiaries, and not their partners. This helps avoid questions later about how the will was made.

If something goes wrong

If a will was not signed or witnessed correctly, the Supreme Court can still treat a document as your will if it is satisfied you intended it to be your will (s32). This is a court process, it takes time and money, and it is not guaranteed. It is far better to sign correctly in the first place.

Choosing an executor

Your executor carries out your will: they apply for probate, collect your assets, pay debts and distribute what is left. Choose someone you trust, and name a backup in case they cannot act. An executor can also be a beneficiary. In Western Australia the Supreme Court may allow a trustee, a term that can include an executor, a commission for their services that is just and reasonable, up to 5% of the gross value of the property (Trustees Act 1962 (WA) s98 and s6). A will can also deal with executor pay.

Guardians for children under 18

The Wills Act 1970 (WA) lets you appoint a guardian for your children under 18 in your will (s6). If one parent dies, the surviving parent usually keeps parental responsibility, so your choice matters most if neither parent can care for your children. Talk to the person first, and consider a backup.

What can cancel or change your will

• Marriage generally revokes your will (s14). The main exception is a will made in contemplation of that marriage, either because it says so or because other evidence shows it. A will made in contemplation of a marriage that does not take place is void, unless the will says otherwise. Make a new will when you marry.
• Divorce or annulment generally revokes your whole will, not only the gifts to your former spouse, unless a contrary intention appears in the will or is established by other evidence (s14A). That includes your choice of executor and any guardian you appointed. Unless you make a new will, your estate may pass as if you had no will at all. After a divorce, make a new will.
• Separation or the end of a de facto relationship does not change your will under the Act, so your former partner may still benefit. Update your will yourself.
• A later will that revokes it, or a written declaration of revocation signed and witnessed like a will (s15).
• Destroying the will with the intention of revoking it (s15).

Review your will after any major life change, such as marriage, separation, a new child or a death in the family.

After you die: probate in Western Australia

Your executor usually applies to the Supreme Court of Western Australia for a grant of probate, which confirms the will. On the grant, your estate vests in the executor so they can deal with it (Administration Act 1903 (WA) s8). An executor can also advertise for claims against the estate in the Government Gazette and a newspaper, giving at least one month, which helps protect them when they later distribute (Trustees Act 1962 (WA) s63). That protection does not cover family provision claims (s63(10)).

Some people can apply for family provision if the will does not make adequate provision for their proper maintenance, support, education or advancement in life (Family Provision Act 1972 (WA) s6). Eligible people include a spouse or de facto partner at the time of death, a former spouse or de facto partner who was receiving or entitled to maintenance from you, your children of any age, certain grandchildren and stepchildren, and your parents (s7(1)). An application generally must be made within six months from the date the executor or administrator becomes entitled to administer the estate in Western Australia, although the court can allow a later application if the justice of the case requires it (s7(2)). An executor who distributes without notice of an application or intended application is generally protected (s20).

If you die without a will in Western Australia

If you die without a valid will, your estate passes under section 14 of the Administration Act 1903 (WA). A surviving spouse is entitled to your household chattels. If you leave a spouse and children, your spouse generally takes the whole estate if its net value (not counting household chattels) is within a set sum. The Act allows the Minister to update that sum by order, and it has been updated, so check the current figure (s14A). Above that sum, your spouse receives the sum plus one third of the rest (or one half if there is only one child, or the descendants of only one child), and your children (or the descendants of a child who has died) share the balance (s14(3)). A de facto partner generally counts as a spouse if you lived together as de facto partners for at least two years immediately before your death, and the Act has further rules if you leave both a spouse and a de facto partner (s15). These rules may not match what you would have chosen, which is the main reason to make a will.

Making your will with WillBuddy

WillBuddy asks plain-English questions, one at a time, and drafts a will designed to meet Western Australia's requirements. Once you unlock printing, you print it and sign it in person with two independent witnesses as described above; WillBuddy shows you how. A will must be signed and witnessed correctly to be formally valid, and WillBuddy cannot promise that any will is valid. WillBuddy is not a law firm and does not give legal advice, so if you are unsure about anything, or your situation involves a family trust, a business, or someone you plan to leave out, please get legal advice.

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Sources

• Wills Act 1970 (WA)
• Family Provision Act 1972 (WA)
• Administration Act 1903 (WA)
• Trustees Act 1962 (WA)