Yes. If you live in Western Australia and own anything, owe anything or have anyone who depends on you, you need a will. Without one, the law decides who receives your estate, who manages it and who looks after your children, and it does so by formula rather than by what you would have wanted. Roughly a quarter of estates administered in WA each year are distributed this way, because the person had no valid will or the will they had did not work.
What happens if you die without a will in WA?
Your estate is split according to section 14 of the Administration Act 1903 (WA), and nobody can deal with your assets until the Supreme Court grants letters of administration to a family member. Your spouse does not automatically receive everything. WA overhauled the formula in March 2022, the first change since 1982, and the dollar amounts are now reviewed every two years, so the figures below may since have been increased.
| If you leave | Who receives what (amounts set in 2022) |
|---|---|
| A spouse or de facto partner and children | Your partner receives the first $472,000 plus interest and one third of the balance. Your children share the other two thirds. |
| A spouse or de facto partner, no children, but parents or siblings | Your partner receives the first $705,000 plus interest and half of the balance. Your parents or siblings share the other half. |
| No partner or children, but parents or siblings | Your parents or siblings receive the first $56,500 and half of the balance. |
The formula produces outcomes few people would choose. A surviving partner can end up sharing the value of the family home with the children, including adult children or children from an earlier relationship. A child's share is held until they turn 18 and then handed over in full. A long-term partner who cannot prove a de facto relationship may receive nothing without going to court. And the whole process is slower and more expensive than administering an estate under a will.
When does a will matter most?
Blended families. The formula does not recognise stepchildren. Without a will, your partner's children from an earlier relationship receive nothing from you, while your own adult children may take a share your partner needs to stay in the home.
Children under 18. A will lets you say who should raise them, who manages their money, and at what age they inherit. Without one, a child receives their whole share at 18, ready or not.
Business owners. Shares, loans to your company and your business partners' rights all need clear instructions, or the business can stall while the estate is sorted out. Our guide to estate planning for business owners covers this in more detail.
Family trusts and super. Neither automatically follows your will. Control of a family trust passes under the trust deed, usually through the appointor role, and super is paid by the fund trustee, guided by your death benefit nomination. A will has to be planned alongside both, and that is where your accountant comes in.
Single, no children. Your estate passes to parents, then siblings, then more distant relatives. If you would rather it went to a friend, a partner you do not live with or a charity, only a will can make that happen.
Which life events cancel a will in WA?
Having a will is not the end of the job. Under the Wills Act 1970 (WA), two life events automatically cancel an existing will, and two others leave it in place when people often assume they don't.
| Event | Effect on your existing will |
|---|---|
| Getting married | Cancelled, unless the will was made in contemplation of that marriage |
| Getting divorced | Cancelled when the divorce takes effect, unless the will was made in contemplation of divorce |
| Separating, but not yet divorced | Still valid. A separated spouse can still inherit and act as executor |
| Starting or ending a de facto relationship | Still valid. A former partner named in the will can still inherit |
The riskiest window is separation, when an old will may still leave everything to the person you are dividing property with. Review your will at each of these points, and whenever you buy property, start a business, set up a trust or have children.
What else belongs in an estate plan?
A will only deals with what happens after you die, and only with assets you own personally. A complete plan also covers the period when you are alive but unable to make decisions, and the assets a will cannot reach:
- Enduring power of attorney — who manages your money and property if you lose capacity.
- Enduring power of guardianship — who makes lifestyle and medical decisions for you.
- Advance health directive — the medical treatment you would or would not want.
- Binding death benefit nominations — who receives your super, checked so they do not lapse.
- Trust and company succession — who takes control of your family trust and your shareholdings.
- Your documents, in one place — the best plan fails if your family cannot find it.
That last point is why we created Custodium Vault, a secure digital store for your will, powers of attorney, insurance policies, super nominations, succession documents and property titles, so your executor and family can find everything when it matters. Wills and estate planning documents are prepared by an admitted Australian lawyer.
Where does your accountant fit in?
A lawyer drafts your will, but your accountant knows what is actually in your estate: your trusts, companies, super, property and loans, and how each one passes on your death. The Metier Group works alongside Perth families and their lawyers on wills and estate planning. For existing clients, estate planning is one of three areas we review in a Financial Deep Dive, alongside business health and structure. Contact us to make sure your will, trust deeds and super nominations work together.
This article is general information only and does not take into account your personal circumstances. It is not legal or financial advice. Metier 2020 Pty Ltd (trading as The Metier Group) is not a law firm; wills and estate planning documents should be prepared by a qualified lawyer. Custodium Vault is provided by Custodium Vault Pty Ltd, an entity associated with The Metier Group.