FAQs for Wills & Estate

For more details about the service we provide, see the Wills & Estate service page.

Wills

What happens if you die without a Will in Western Australia?
  • Confusion and conflict can occur when a Will has not been made. This can add to the grief of your family and friends if not sorted quickly, and the distribution of the estate can drag on for months and possibly years.
  • Your assets are distributed according to Section 14 of the Administration Act 1903 (WA) and may be different to your intentions.
  • You do not choose who manages your affairs and assets.
  • You do not choose who receives your assets and no specific gifts can be made.
  • By law, your minor children automatically receive their share of the estate at 18 years old.

What is a Will and what are the benefits of having one?
  • In Western Australia, a Will is a legal document that sets out how your assets are distributed after death. If you die without a valid will, your estate is distributed under WA intestacy laws, which may not reflect your wishes.
  • You choose your executor(s), who is the person named in the Will to carry out your wishes.
  • You direct how your assets are distributed after your death, including specific gifts.
  • You can indicate who you would like to care for your minor children and who will look after their inheritance until they are to receive it.
  • You can make a difficult and often emotional time easier for your loved ones.

When to consider re-doing your Will?
  • If you marry, your current Will may become invalid.
  • If you divorce, your current Will may become invalid.
  • If you have been in a relationship for more than 2 years.
  • if you have new members join your family, like children and/or grandchildren. This will ensure that they are included in the Will.
  • If you experience a significant change in your financial circumstances.

Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is a legal document. It gives a person/s, or organisation, the legal authority to make financial and/or property decisions. These decisions need to be in your best interest.

The benefits of having an EPA:

  • An EPA can either come into effect immediately (once it is fully signed) or only once an Order from the State Administrative Tribunal (SAT) is satisfied that you no longer have capacity to make your own decisions.
  • Making your EPA effective immediately can prevent any delay in handling your affairs. It can also avoid expensive and distressing SAT proceedings to obtain an Order.
  • Making an EPA allows you to choose who is to make the decisions

Enduring Power of Guardianship

An Enduring Power of Guardianship (EPG) is a legal document that appoints and authorises a person/s of your choice to make important personal, lifestyle e.g. aged care accommodation, and treatment decisions on your behalf should you no longer be able to make reasonable judgements about your personal, lifestyle or treatment matters.

This person/s becomes your enduring guardian, and you can appoint more than one enduring guardian.

Treatment is defined as any medical, surgical, dental treatment or other healthcare, including a life-sustaining measure such as assisted ventilation or palliative care.

The benefits of having an EPG:

  • You choose whom you wish to make your personal, lifestyle and treatment decisions.
  • It avoids expensive and potentially distressing SAT proceedings by people who may ordinarily be eligible to apply to be appointed to make your personal, lifestyle and treatment decisions and whom you may not wish to act in that capacity.

What happens if you do not have an EPA and/or an EPG?

If you do not have an EPA and/or an EPG and you lose capacity, then an application must be made to SAT. This is expensive and can add unnecessary delays in managing your affairs and add stress in an already emotional time. People who have an interest in your well-being have an opportunity to be heard in the application, even if it is someone that you would not normally wish to have such a role.