Estate Planning Lawyers in Western AustraliaOne Call Away
Need an estate planning or probate lawyer in Western Australia? LawyerLink connects you with a verified WA partner firm. Our AI intake handles urgent matters 24/7. Coverage includes wills, testamentary trusts, enduring powers of attorney and guardianship under the Guardianship and Administration Act 1990 (WA), probate, and Family Provision Act 1972 (WA) claims.
Estate Planning in Western Australia
Estate planning in WA operates under the Wills Act 1970 (WA) for wills, the Administration Act 1903 (WA) for intestacy and probate, the Guardianship and Administration Act 1990 (WA) for guardianship and administration, and the Family Provision Act 1972 (WA) for family-provision claims. Together these set the framework for almost every WA estate-planning engagement.
A valid WA will requires the testator to be over 18, of sound mind, and to sign in the presence of two witnesses who also sign. DIY will kits are technically valid if executed correctly, but the rate of partial invalidity is higher than with professionally drawn wills. A simple WA will is typically $400-$900; a will with testamentary trust provisions $1,500-$4,000.
Testamentary trusts — discretionary trusts created by a will and operating after death — are widely used in WA estate planning for asset protection, tax flexibility, and provision for vulnerable beneficiaries.
Enduring powers of attorney under the Guardianship and Administration Act 1990 (WA) authorise an attorney to make financial decisions on the principal's behalf, including after the principal loses capacity. Enduring powers of guardianship under the same Act authorise health and lifestyle decisions. Both should be in place before any deterioration in capacity. Once capacity is lost, an application to the State Administrative Tribunal (SAT) for guardianship and/or administration orders is the only remaining pathway.
Probate in WA is granted by the Supreme Court of WA Probate Registry. For estates with a clear will, probate is obtained in 6-12 weeks. Letters of administration apply where there is no will or the named executor cannot act. Family Provision Act 1972 claims must be filed within 6 months of probate (with limited extensions) and allow eligible persons (spouses, children, dependants) to seek a greater share than the will provided.
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Estate Planning in Western Australia — FAQs
- How much does a will cost in WA?
- These are general ranges. Your actual fee depends on the firm and your specific matter. A simple WA will typically costs $400-$900. A will with testamentary trust provisions ranges from $1,500-$4,000. More complex estate planning (blended-family arrangements, mutual wills, business succession) can be higher.
- What happens if I die without a will in WA?
- Your estate is distributed under the intestacy rules in the Administration Act 1903 (WA). The order of entitlement runs spouse first, then children, parents, siblings, and more remote relatives. Intestacy is more expensive to administer and often distributes contrary to the deceased's wishes.
- Why do I need an enduring power of attorney in WA?
- Without one, if you lose capacity, no one can manage your financial affairs unless a SAT administration order is made — a slower, more expensive, more intrusive process. An enduring power of attorney executed under the Guardianship and Administration Act 1990 (WA) gives someone you trust the authority in advance.
- How long do I have to challenge a WA will?
- Family Provision Act 1972 (WA) claims must be filed within 6 months of probate (with limited extensions). Other will challenges (validity grounds — lack of capacity, undue influence, fraud) generally proceed in the Probate jurisdiction.
- Who can make a family-provision claim in WA?
- Section 7 of the Family Provision Act 1972 (WA) lists eligible applicants: spouses, de facto partners, children, grandchildren in some circumstances, parents, and other dependants. The question is whether adequate provision was made for the proper maintenance, support, education, and advancement in life of the applicant.