Nobody likes thinking about their own death. But if you don’t have a valid Will, you’re leaving one of the biggest decisions of your life up to the law, not to you.
In Western Australia, if you die without a valid Will, you’re what’s called “intestate” (essentially, the law has no instructions from you, so it has to decide for itself). The rules are set out in the Administration Act 1903 (WA), and they decide who inherits your estate based on who you leave behind, such as a spouse, de facto partner, children or other family, and how much your estate is worth. You don’t get a say in how it’s divided.
This catches people out in a few common situations.
1. Blended families
If you have stepchildren you’ve helped raise but never formally adopted, or children from an earlier relationship, the intestacy rules may not treat them the way you’d expect. A Will lets you decide, plain and simple.
2. De facto couples
If you’re in a de facto relationship, your partner isn’t automatically treated the same as a married spouse. Generally, you need to have lived together for at least two years right before the death for your partner to be considered, and that can still need to be proven. For many couples, a Will is the only way to make sure your partner is looked after without question.
3. Someone still has to step in
Even without a Will, someone needs to apply to the Supreme Court for what’s called “letters of administration” (essentially, legal permission to deal with your estate). Normally that’s your partner or closest family member, but when there’s no Will to say who should take this on, it can mean delay, confusion and, sometimes, disagreement between family members at an already difficult time.
A Will doesn’t have to be complicated, and it doesn’t have to cost a fortune to get right. Joss Legal charge $550 for advice and a Will (including an initial advice appointment), or you can use our online portal and for only $350 you can provide your instructions and we will draft your Will – https://josslegal.com.au/draft-your-will/. What it does is put the decisions back in your hands, where they belong, so your family isn’t left guessing, or going through a court process to work out who gets what.
If a new grandchild, a health scare, a new relationship or a blended family has you thinking it might be time to sort this out (or finally get around to it), that’s a good moment to act, while you still can.
Luckily, that’s something we can help with, in plain English, without the jargon. Call us on (08) 6559 7480 to book an appointment.
This article is general information about Western Australian law current as at 17 October 2026. It is not legal advice for your situation.