What Are the Legal Requirements for Making a Will in Perth?

December 16, 2024    Probate Lawyers Perth
What Are the Legal Requirements for Making a Will in Perth?

Preparing a reasonable will is one of the most essential things you could do to protect your loved ones and make you confident that your wants are heeded after your demise. For the nationals of WA, it is absolutely vital to know how to make a will so that there is no bafflement or controversy.

This blog explains the fundamental legal conditions that have to be fulfilled for drafting a will in Perth. Whether drafting your estate or assisting someone you care about, this guide enables you how to get it through.

What are the Requirements to Make a Will Legal?

To be reasonable in Western Australia, a will has to meet all the legal necessities of the Wills Act 1970 (WA). Failure to stick to these rules may nullify your will and leave much strain on your loved ones. The following are the legal requirements:

1. The testator must be at the legal age –

  • You ought to be 18 years of age to initiate a will.
  • Certain exceptions exist, such as if you are married or in the defence sector.

2. The Testator Must Maintain Mental Ability –

You must have the required mental capability to know and comprehend the nature and influences of your will.

This includes the ability to:

  • List the individuals who may have a claim on your estate.
  • Know the consequences of your decisions.

If there is a question about your mental capacity, medical evidence may be required to authorize your will.

3. The Will Must Be in Writing –

  • A valid will must be in writing. This can be done by hand, typed or printed.
  • Oral or audio-recorded wills are not considered.

4. The Will Shall Be Signed and Witnessed Correctly –

  • You shall sign at the end of the Will
  • Your signature shall be made in the presence of at least two eyewitnesses, who must also place their signature in your company.

Witnesses

  • Must be aged at least 18 years.
  • Shall not be any beneficiaries nor married to any beneficiary of the will.

5. The Will Must Be Made Voluntarily –

  • The will must mirror your true intent and must not be the impact of undue influence or coercion.
  • If there is a challenge to the will on the grounds of undue influence, the court may assert it nullified.

Some Important Steps to Make a Will in Perth

If you are keen to begin the journey of making a will Perth, first take these measures that are crucial for your document to be lawful:

Step 1: Document Your Acquisitions and Liabilities

Define your property, including real estate, bank statements, investments, vehicles, and private belongings.

Step 2: Name an Executor

The executor will allocate your estate and see that your wishes are carried out. You may name a person you entrust who can handle the task better. Alternatively, if you need more time, see Wills Lawyers Perth WA, for help.

Step 3: See a Lawyer

Having the best probate lawyer Perth will guarantee that your will is valid legally and will avoid any disputes later on. They can help you with complicated matters such as a stepfamily, estranged relatives, or valuable assets.

Step 4: Sign and Store Your Will

Keep the original signed will in a secure location, such as with your lawyer, a safe area in your home, or a will registry. Inform your executor of its location.

The Significance of Pursuing Legal Advice

Wills may seem economical, but they frequently result in errors or conflicts that could invalidate the document.

Consulting Probate Lawyers Perth WA offers numerous advantages:

  • Making sure your will is properly executed and meets legal demands.
  • Reducing the possibility of disputes occurring between beneficiaries.
  • Providing support for executors during the probate process after death.

What Happens When Your Will Does Not Complete Legal Requirements?

If a will does not fulfil WA’s legal provisions, it may be considered void. This may result in:

  • The estate is being allocated according to intestacy laws, disregarding your wishes.
  • It increases legal expenses and prolonged estate administration processes.
  • Potential conflicts among family members.

To prevent these issues, consult the best Probate Lawyer Perth when drafting your will.

Final Words

A valid will protect the people you care for as well as your wishes. The better you understand the legal requisites to draft a will, the fewer worries or problems you’ll face in future if something happens to you.

If you have questions or would like professional advice, please get in touch with Probate Lawyers Perth WA and have their expertise ensure that your wishes are met according to WA law so that your legacy is safe for the future.

REQUEST A QUOTE NOW! Complete the form below for a fast response


  • Probate lawyers Perth are the best with their Field.They are the best wills and estates lawyers in Perth.One of my known has contacted them regarding how to make a will and they assisted them very nicely . Highly appreciated and recommended

    Taylor Wright
  • This site definitely appeals to the average person because the layout is so simple but very VERY effective.

    Tammy Marshall
  • valuable services

    Austin Valley
Copyright © Probate Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now