Need Help Making a Will in WA? Legal Guide

A Will is a legal document that specifies the way your property and possessions are to be divided after your demise. In Western Australia, a will has to meet particular legal requirements in order to be valid. Errors caused during the will-making process may bring uncertainty or conflict for those who are left behind. To help you make a will in Perth, this blog explains the steps involved in making a will, choosing executors and guardians, as well as how to manage execution.

What is a Will?

A will is a legally recognised document that expresses your preference for the distribution of your estate after your demise. It allows you to decide who receives your assets, appoints someone to manage your estate, and if your children are under 18, you can nominate a guardian.

If there is a lack of a will, the assets are distributed as per the allocations set by the Administration Act 1903 (WA). Formalising your wishes in a properly executed will reduces the chances of uncertainty and minimises the risk of challenges in asset distribution.

How To Make A Will In Perth?

To write a will, you must be 18 years old and legally knowledgeable. This means that you must understand that you are making a will, know its general nature and value your assets. It also necessitates that you recognise the people who may reasonably expect to benefit from your estate.

Legal Requirements for a Valid Will

According to the Wills Act 1970 (WA), a will has certain formal requirements in order to be legally valid. Some of them are as follows:

• The will should be written, typed or handwritten.
• You must sign the will.
• You should sign the will in the presence of witnesses at the same time.
• Witnesses should also sign the will in front of you.
• The witnesses must be adults.

You can also take help from probate lawyers Perth to help you out with fulfilling these legal requirements.

Choosing an Executor and Guardian

An executor is somebody who is in charge of administering your estate, paying the debts and distributing the funds based on the will. Before taking action, it is necessary to get their consent about your decision. You can also add several executors, who may act both jointly and severally to distribute responsibility or provide continuity in case one of them is not available.

If you have minor children, you can also assign a guardian in your will to take care of them. Your appointments can be made effective by taking legal advice for making a will in Perth from probate lawyers.

Methods for Making A Will In WA

There are three primary ways to make a will, which are as follows:

Common Problems and How to Avoid Them

Some of the common mistakes that may cause problems with a will and make it invalid or misunderstood are vague phrasing of words. It also includes wrong witnessing and not updating your will due to changes in life, such as marriage or divorce. You should use specific language along with a clear and signed will in front of two witnesses. Also, revise the will with the help of the best probate lawyer Perth after any significant changes in your life so that the will reflects your intentions.

How to Update, Revoke or Safely Store a Will?

To revise your will, you may make a new will or simply make a codicil, which also requires signing and witnessing. A new will usually repeal previous ones. You need to keep your original will in a safe place, which could be in the possession of a solicitor, at home in a safe place that is lockable, or with an approved storage facility. Ensure that your executor is aware of where the original is stored. In some cases, copies are not adequate in the administration of the estate.

Checklist for Your Appointment with a Lawyer

Before meeting a lawyer, prepare the following paperwork:

• Identification documents.
• A list of your assets and liabilities.
• Names and contact details for your proposed executor and beneficiaries.
• Details of any guardianship wishes for minors.
• Notes on any trusts or special provisions you want included.

Final Thoughts

In Western Australia, one should pay close attention to the formalities of the Wills Act 1970 and make wise choices regarding the executors and guardians when making a will. A will enables you to control the manner in which your estate is given, and it may offer some form of assurance to your loved ones. If your estate includes property, business interests, or blended families, consulting experienced wills and probate lawyers in WA can provide clarity in making a will.