Estate Planning in Western Australia.
Estate planning in Western Australia requires navigating a unique combination of legislation: separate Acts cover financial powers of attorney and personal/guardianship powers, and WA has its own distinct approach to advance health directives. Perth and regional WA families benefit from clear, WA-specific advice.
WA Legislative Framework
The Laws That Govern Your Estate in Western Australia
Wills
Wills Act 1970 (WA)
Powers of Attorney
Enduring Powers of Attorney Act 1979 (WA)
Health Directives
Guardianship and Administration Act 1990 (WA)
Probate Court
Supreme Court of Western Australia (Probate)
Wills Act 1970 (WA)
Wills in Western Australia
Wills in Western Australia are governed by the Wills Act 1970. A valid WA will must be in writing, signed by the testator, and witnessed by two adults both present at the time of signing. Beneficiaries and their spouses should not witness the will. Western Australia's courts have the power to recognise informal wills in limited circumstances where clear evidence supports the document as the testator's genuine last wishes.
Key points
- Governed by the Wills Act 1970 (WA)
- Two adult witnesses required, both present simultaneously
- Beneficiaries and their spouses must not witness
- Court may recognise informal wills in limited circumstances
- Probate granted by the Supreme Court of WA
Enduring Powers of Attorney Act 1979 (WA)
Powers of Attorney in Western Australia
In Western Australia, Enduring Powers of Attorney for financial matters are governed by the Enduring Powers of Attorney Act 1979. For personal care and lifestyle matters, a separate Enduring Power of Guardianship (EPG) is required under the Guardianship and Administration Act 1990. This means WA residents typically need two separate documents for comprehensive coverage. The State Administrative Tribunal (SAT) handles disputes and can appoint substitute decision-makers when no valid appointment exists.
Key points
- Financial EPA: Enduring Powers of Attorney Act 1979 (WA)
- Personal/lifestyle decisions: Enduring Power of Guardianship under Guardianship Act
- EPA requires two witnesses, including a lawyer or other prescribed person
- SAT (State Administrative Tribunal) handles disputes and capacity issues
- Both an EPA and EPG recommended for comprehensive coverage
Guardianship and Administration Act 1990 (WA)
Advance Health Directives in Western Australia
Western Australia does not have a standalone Advance Health Directive statute in the same form as some other states. WA operates under a combination of common law directives and the Guardianship and Administration Act 1990. A formally documented Advance Health Directive is recognised by WA Health and accepted at major WA hospitals. We prepare comprehensive health directive documents tailored to WA's legal framework and accepted by WA health providers.
Key points
- No standalone statutory AHD — operates under common law and Guardianship Act
- WA Health accepts formal Advance Health Directive documents
- Enduring Power of Guardianship covers personal/health decision-making
- SAT can appoint a guardian if no EPG is in place
- Review and update your directive documents regularly
WA-specific guidance
Western Australia Estate Planning: Property & Mining Assets
Western Australia has some unique considerations for estate planning, particularly for families with mining interests, pastoral leases, or significant rural property. WA's family provision regime under the Family Provision Act 1972 allows eligible family members to claim a greater share of the estate. If you have complex asset structures — including interests in trusts, companies, or mining ventures — your estate plan needs to address each asset class specifically.
- Family provision claims: Family Provision Act 1972 (WA)
- Mining tenements, pastoral leases require specialist will drafting
- De facto partners are eligible for family provision claims in WA
- Complex asset structures need integrated estate and business succession planning
- WA-specific rules for transfer of certain property and pastoral interests
Common Questions About Estate Planning in Western Australia
State-specific answers to help you understand what's required where you live.
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