How to write a legal will in Perth, Western Australia?

Writing a legal will is an essential step in ensuring your assets are distributed according to your wishes after your passing. At Davies & Co Lawyers, located on Stirling Highway, Nedlands, Perth, our team of experienced legal professionals, led by Principal Mark Davies, specializes in Premium Family Law & Mediation Services, including guidance on wills and estate planning.

Understanding the Importance of a Will

A will is more than just a legal document; it’s a reflection of your final wishes and a crucial tool for protecting the future of your loved ones. Without a will, your estate may be distributed according to the laws of intestacy, which might not align with your personal wishes.

Steps to Writing a Will in Perth, Western Australia

Step 1: Determine Your Assets

Compile a comprehensive list of your assets. This includes real estate, investments, savings, personal items, and any debts or liabilities.

Step 2: Choose Your Beneficiaries

Decide who you want to inherit your assets. These can be family members, friends, or even charitable organizations.

Step 3: Appoint an Executor

Choose a trusted individual or a professional to execute your will. This person will be responsible for carrying out your wishes as outlined in your will.

Step 4: Draft the Will

While it’s possible to write a will independently, consulting with a legal professional ensures that your will complies with legal standards and truly reflects your wishes.

“Both Mark & Thea Davies are extremely professional, completely knowledgeable in family law regarding all areas of separation and show enormous compassion, support, and empathy during an extremely uncomfortable time. Namaste”

— Kaz Pinkerton, Perth WA

Step 5: Witnessing and Signing

Your will must be signed in the presence of two witnesses, who are not beneficiaries, to be legally valid.

Step 6: Store the Will Safely

Ensure your will is stored in a safe place. Inform your executor of its location but keep it secure from tampering or damage.

Common Mistakes to Avoid

  1. Being Vague: Clearly state your intentions to avoid ambiguities.
  2. Forgetting Updates: Update your will to reflect changes in your life, such as marriage, divorce, or the birth of children.
  3. Neglecting Tax Implications: Consider the tax implications for your beneficiaries.

Legal Requirements in Western Australia

In Western Australia, specific legal requirements must be met for a will to be valid:

  1. Age: You must be at least 18 years old.
  2. Capacity: You must have the mental capacity to understand the implications of the document you are creating.
  3. Voluntary: The will must be made voluntarily, without pressure or influence from others.

How Davies & Co Lawyers Can Assist

Our team at Davies & Co Lawyers offers comprehensive services in the drafting and execution of legal wills:

  • Personalized Consultation: We understand that every situation is unique. Our team provides personalized consultations to ensure your will accurately reflects your wishes.
  • Expert Drafting: Our legal expertise ensures your will is drafted clearly, concisely, and in compliance with Western Australian laws.
  • Review and Updates: We provide services for reviewing and updating your will as your circumstances change.

“The team at Davies and Co have impeccable knowledge in family law, proven process and a remarkable capability to communicate professionally, empathize, overcome associated challenges and defuse conflict. Thank you sincerely, Thea, Meroë and Mark for never allowing me to feel dispirited. There is no greater wealth in this world than peace of mind.”

— Terence Ker, Perth WA


Writing a legal will is a profound act of care for your loved ones, ensuring that your assets are distributed according to your wishes and that your legacy is preserved. At Davies & Co Lawyers, we are dedicated to providing empathetic, professional, and personalized services to guide you through this process.

For expert advice and assistance in writing a legal will in Perth, Western Australia, contact Davies & Co Lawyers. Let us help you secure peace of mind for you and your loved ones.

Disclaimer: This blog provides general information and should not be considered legal advice. For personalized guidance, consult with Davies & Co Lawyers.