Legal Requirements for Witnesses and Executors of Wills in Western Australia

Planning to update a will in WA? Knowing who can sign your will and be your executor is just as important as changing a will. The laws protect your estate, respect your wishes, and avoid costly fights. Quite naturally, you must know the legal requirements, executors, and witnesses. Today, we will share with you all the essentials of a will in WA.

1. Who Can Witness a Will in WA?

In Australia, a will has to be in writing and signed by the testator and two adult witnesses simultaneously. The witnesses have to sign before the testator; the “same time” rule ensures formality. Witnesses need to be over 18 years and of full capacity. They cannot be minors but may be relatives or even beneficiaries.

Unlike some other states, under WA, a spouse or beneficiary can be a witness without revoking the will. The best practice is for witnesses to sign every page using the same pen, as it reduces future challenges.

2. Who Should Be an Executor?

The executor (alternatively referred to as personal representative) implements the will: probates, pays debts, and disperses assets according to the document. Choose a trustworthy person, such as family members, close friends, or professional administrators like lawyers or accountants. Legal experts recommend choosing an alternative executor if the initial one is not available or refuses.

Executors generally need to apply to the Supreme Court of WA for a Grant of Probate to make the will legal and legitimate.

3. Legal Requirements for Executors in WA

WA’s Wills Act 1970 and the Probate rules govern executor duties for probate, estate administration, asset statements, and the issuing of the death certificate.

Executors owe fiduciary duties: they must act honestly, in good faith, and the interests of the beneficiaries. If they mishandle the estate, they may be held personally liable.

Executors should be 18 years or older and not lack capacity. Creditors or beneficiaries can serve, but the positions have conflicts of interest.

4. Formalities of a Valid Will

Should be typed or in writing, express clearly that it’s the last will, revoke previous wills, and be dated. The testator must be at least 18 years old and have testamentary capacity to be able to understand the nature and consequences of the will, their property, and potential beneficiaries. It is also important to remember that any changes via a codicil must follow the same signing and witnessing protocol.

5. Common Pitfalls and Will Disputes

The will can be contested on grounds of failure of formalities, e.g., unsigned pages, undated documents, or uncertainty regarding capacity. Mistakes here often trigger involvement of will-dispute lawyers.
Beneficiaries who witness and later dispute the validity don’t automatically nullify the will, but complications can arise. Executors are also asked whether they exercise excessive influence in the preparation, distribution, or misappropriation of estate funds.

6. Assets Not Controlled by Will

A will can only deal with assets in the testator’s name or held as tenancy in common. Below are the assets not controlled by will:

• Assets in joint tenancy, e.g., real estate or bank deposits, pass automatically to the co-owner upon survivorship.
• Company or trust assets, superannuation, life policies, and discretionary trust assets. These require separate arrangements, like binding death benefit nominations or trust deeds.
• They can’t be run by the executor unless stated by personalised legal procedures.

7. Rewriting a Will

Life changes, such as marriage, divorce, births, and deaths, can automatically revoke or override parts of a will. For instance, marriage revoked an earlier will unless specific wording is used. Professional wills lawyers Perth strongly recommend updating your will every now and then and revoking a will whenever significant life occurrences occur. Minute changes require a formal codicil, correctly signed. It is even better to create a new will to maintain legality.

8. Wills Lawyers Perth Function

If your estate is complex or you have delicate family issues, will lawyers can draft plain, legally valid documents. They ensure your executor appointment, beneficiary roles, and asset dispositions comply with WA law.
The Wills lawyers also organise binding nominations of superannuation and trust advice to safeguard assets that are not controlled by a will.

Where there are disputes about capacity, formality, or rights of inheritance, Will dispute lawyers will step in to sue executors or beneficiaries.

9. Shielding Your Estate and Peace in the Family

Clear, updated wills prevent risk of argument, delay, and stress for executors. Proper witnessing and appointment of an executor enable your estate to pass on smoothly.
Instructing your executor on work and making provision for non-estate assets demonstrates concern and prudent stewardship.

Conclusion

WA witness and executor law safeguards your will as valid and enforceable. Neglecting strict signing procedures or omitting non-estate assets invalidates your wishes. Working with Wills lawyers Perth and reviewing your documents regularly prevents confusion, and if disagreements arise, the best lawyers are ready to step in. Updating your will, naming the right executor, and understanding what falls outside its control is the best way to safeguard both your assets and your family’s peace of mind.