Wills and Estates
Reliable Wills and Estate Lawyers Perth
Protect your legacy with clear, effective estate planning.
We assist with:
- Wills and estate planning
- Enduring Powers of Attorney
- Enduring Powers of Guardianship
- Advance Health Directives
- Probate and Letters of Administration
We provide straightforward advice and professionally drafted documents designed to minimise uncertainty and protect your loved ones.
Wills
Your will is a written document that outlines your wishes for the distribution of your assets and property after your passing. To be legally valid, binding and effective, a will must adhere to specific protocols and requirements.
At Barnard Lawyers, our wills and estates lawyers can make sure that your will is legally valid. We can assist you in finding peace of mind with an up-to-date modern will, knowing you are leaving your assets and property in accordance with your wishes.
We offer an efficient and cost-effective service. Pre-appointment, you can enter your information into a simple online form on our smart document system. Of course, if you prefer, we will do all of this with you at your appointment.
We offer a flexible, mobile wills service, and we can come to you whether you live in Balcatta or elsewhere.
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How We Can Help
A well-drafted Will is the cornerstone of any estate plan, offering you the peace of mind that your assets will be distributed exactly as you intended. We assist you in navigating the complexities of wills and estate law to create a clear and legally binding document that protects your family’s future while minimising the risk of potential disputes.
Our team provides comprehensive support by creating customised wills tailored to your unique family structure, including provisions for minor children and specific bequests. We advise on the most effective ways to pass on property and investments, help you choose the right executors to carry out your wishes, and offer regular reviews to ensure your estate plan evolves with your life circumstances. By taking a proactive approach today, we help you secure your legacy and provide your loved ones with a clear, certain direction during a difficult time.
Areas of practice
Enduring Power
of Guardianship
Grant of Probate and
Letters of Administration
HEAR FROM OUR CLIENTS
FAQs
What happens when someone passes away without a will?
When a person passes away without a valid Will, they are said to have died “intestate.” In Western Australia, this means their estate isn’t distributed according to their personal wishes, but rather by a strict legal formula set out in the Administration Act 1903.
The process begins with an application to the Supreme Court for Letters of Administration, which appoints a suitable person (usually the closest next-of-kin) to manage the estate. This administrator is then responsible for paying debts and distributing the remaining assets based on the state’s “order of priority.” Generally, the estate is shared between a surviving spouse and children, but if there are none, it may pass to parents, siblings, or more distant relatives.
Dying intestate can lead to unintended outcomes, such as assets being split in ways you didn’t intend or causing unnecessary stress and legal costs for your family. This is why we strongly recommend having a valid Will in place to maintain control over your legacy.
At Barnard Lawyers, we act as your solicitors. We manage the entire lifecycle of your matter, from initial advice and negotiation to finalisation. If a matter requires highly specialised courtroom representation, we manage the process of engaging the right barrister to work alongside us as part of your legal team.
How do I update my will if my circumstances change?
Updating your Will is essential whenever you experience a significant life event, such as marriage, divorce, the birth of a child, or a substantial change in your financial position. In Western Australia, you generally have two options for making changes. For minor updates, you can create a Codicil, which is a separate legal document that sits alongside your existing Will. However, for more significant changes, it is often safer and clearer to draft a completely new Will that revokes all previous versions.
It is important to note that certain events, like marriage or the formal ending of a de facto relationship, can automatically revoke parts of an existing Will or make it entirely invalid. Simply marking up your current physical Will with a pen is not legally effective and can lead to costly disputes or “uncertainty” in the Supreme Court later. At Barnard Lawyers, we recommend reviewing your Will every three to five years to ensure it still reflects your current wishes and protects your loved ones effectively.
Can I create a legally valid will online in Australia?
While you can create a Will using online platforms in Australia, whether it is legally valid depends entirely on meeting strict formal requirements. In Western Australia, a Will must generally be in writing, signed by the testator (the person making the Will), and witnessed by two independent adults who are both present at the same time.
The danger with “DIY” or online Wills is not just the signature; it is the potential for ambiguity or technical errors. Online templates are often generic and may not account for complex family structures, tax implications, or the specific way you hold your assets (such as through a trust or superannuation). If an online Will is challenged or found to be invalid due to improper execution, it can lead to significant legal costs and delays for your family, often far exceeding the cost of professional advice.
At Barnard Lawyers, we focus on ensuring your Will is not just “valid,” but robust enough to withstand challenges and clear enough to prevent confusion during an already difficult time.
Can I write my own will?
In short, yes—you can legally write your own Will in Western Australia. However, while the law allows for “DIY” Wills, the Supreme Court has very strict requirements regarding how they must be drafted, signed, and witnessed. Even a minor technical error can render the document invalid or lead to an expensive legal battle for your family.
The primary risk of writing your own Will is not the document itself, but what it might miss. Homemade Wills often fail to account for how assets like superannuation or family trusts are handled, or they use ambiguous language that can be interpreted in multiple ways. This “uncertainty” can trigger a “Challenge to the Will,” causing significant delays and depleting the estate’s value in legal fees.
At Barnard Lawyers, we often see the complications that arise from DIY kits. Our role is to provide the professional oversight that ensures your Will is “bulletproof,” clearly reflects your intentions, and complies with the Wills Act 1970. Investing in professional drafting now often saves your loved ones thousands of dollars and immense stress in the future.
When should I get a will from Wills and Estates lawyers?
While many people wait until retirement, the reality is that any adult who owns assets or has dependents should have a Will. In Western Australia, as long as you are over 18 and have the mental capacity to understand the document, you are eligible to create one.
There are specific “milestones” that make getting a Will—or updating an old one—an urgent priority. These include:
– Buying Property: Whether it’s your first home or an investment, you need to decide who inherits your equity.
– Starting a Family: A Will is the only legal way to nominate guardians for your minor children.
– Getting Married or Divorced: In WA, these events can automatically revoke or alter parts of an existing Will.
– Significant Financial Changes: Receiving an inheritance or starting a business changes the complexity of your estate.
At Barnard Lawyers, we recommend that you don’t wait for a “major” event. Having a Will in place ensures that your wishes are respected and your loved ones are protected from the complications of intestacy, regardless of what the future holds.
Can my will be challenged?
Yes, a Will can be challenged or contested in Western Australia, but only under specific legal circumstances. It is important to distinguish between challenging the validity of the Will and contesting the fairness of the distribution.
A Will might be challenged on its validity if there are concerns that the person lacked mental capacity, was under undue influence, or if the document was not signed and witnessed correctly. On the other hand, an eligible person—typically a spouse, de facto partner, or child—can contest a Will under the Family Provision Act 1972 if they believe they have not been “adequately provided for” for their proper maintenance and support.
At Barnard Lawyers, we focus on “claim-proofing” your Will by ensuring it is professionally drafted, clearly explains your reasoning for certain decisions, and follows all strict legal formalities. While no lawyer can completely prevent someone from attempting a claim, a well-structured estate plan significantly reduces the risk of a successful challenge and helps protect your intended legacy.
Do I need to update my estate plan?
An estate plan is not a “set and forget” document. It should evolve alongside your life, finances, and family structure. Generally, we recommend reviewing your estate plan every three to five years, or immediately following any significant life event.
In Western Australia, certain milestones make an update essential. For example, marriage or entering a de facto relationship can automatically revoke an existing Will, while a divorce may render certain provisions invalid. Other triggers include the birth of children or grandchildren, the death of a nominated executor or guardian, or a substantial change in your assets—such as starting a business or buying property. If your relationships with your beneficiaries change, or if the laws surrounding superannuation or taxes shift, your current plan may no longer achieve your goals.
At Barnard Lawyers, we help you assess whether your existing documents—including your Will, Enduring Power of Attorney, and Enduring Power of Guardianship—still reflect your wishes. Staying proactive ensures that your plan remains legally robust and that your loved ones are protected exactly as you intended.