Wills & Estates >
 Frequently Asked Questions

I made a Will before I got married, does it still apply?
No. Under WA law a marriage automatically revokes an existing Will, unless it clearly says you have written the Will in anticipation of marrying your partner and provides their name. It is still a good idea to check that your Will is legally valid and consider making a new Will to reflect your changed situation.
I lost my old Will. Can I make a new one?
You can make a new Will as often as you like, but it should clearly revoke all earlier Wills so there is no confusion.  It is worth seeking legal advice to ensure that your new Will is legally valid.
I got divorced but my old Will only named my children. Do I have to update it?
If your marriage ended after February 9, 2008, a change to laws in WA means any prior Will you made has been revoked. If your marriage ended on or before February 8, 2008, the divorce does not revoke the Will. Either way, you should look at making a new Will that reflects your new circumstances.
My Will gave everything to my ex-wife. Now we are divorced, is that still valid?
If your marriage ended on or before February 8, 2008, the divorce did not automatically revoke the Will.  It will have been revoked if you married again, but not necessarily if you are in a de facto relationship.  That means anyone named in the previous Will — including your ex-partner — will still benefit, while a new partner might not.
Even if I don’t make a Will, all the money will go to my kids, right?
The law sets out strict guidelines as to how an estate is divided when someone dies intestate (without a Will or with a Will that covers only part of their estate).  If you want to have a clear say in who will inherit your estate, you should make a Will that sets out your intentions.
I don’t have many assets. Do I need to bother making a Will?
It costs very little to make a valid Will, but it can cost thousands of dollars in court and legal fees for family members trying to organise the estate of someone who dies without one.  Making one now is the best option.
My former partner has died. Have I a claim on their estate?
In many cases former spouses, former de facto partners, children, parents and even grandchildren can have a claim on an estate.  It is best to seek legal advice to see if you are likely to be eligible, and what steps you should take.
I just found out a close family member died recently. Is it too late to claim?
Usually, you have six months from the time administration or probate is granted to make a claim under the Inheritance Act.  Sometimes that time is extended, but it worth seeking legal advice as soon as you are aware that you might want to make a claim.
What if no executor is named in the Will?
If a Will has no listed executor, someone must apply to administer the estate (often the adult who is named as chief beneficiary).  This person must apply to the Probate Office of the Supreme Court for Letters of Administration, which will give him or her the legal power to manage the estate.

If you are unsure at all of where you stand on a Will, probate or estate issue, contact our Legal Information Desk lawyer Ken Eastman for a fixed-fee 20-minute appointment at just $35.  He will be able to provide straightforward advice, and provide guidance on what further action you can take.