Will Kits in WA: Signing and Witnessing Rules

Western Australia has a rule that differs from the other states: the end of a marriage doesn't only cancel gifts to a former spouse, it revokes the whole will unless the will shows otherwise. That makes a do-it-yourself will in WA a document to revisit whenever your relationship changes. This page sets out the signing, witnessing and revocation rules from the Wills Act 1970 and official WA sources, all checked on 30 October 2026.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

WA will rules at a glance

We read compilation 05-a0-03 of the Wills Act 1970 on the WA legislation website. Check the site for any later compilation before you rely on a section.

What makes a WA will valid

Section 8 of the Wills Act 1970 says that, subject to some exceptions, a will is not valid unless:

• it is in writing
• it is signed by you, or in your name by someone else in your presence and at your direction, placed so it is apparent you meant the signature to give effect to the will
• you make or acknowledge the signature in the presence of at least 2 witnesses present at the same time
• the witnesses attest and sign the will in your presence, though no particular attestation wording is needed

You also need capacity. Legal Aid WA's wills page describes capacity as being able to make reasoned decisions about personal, financial and legal matters, and says a will made by someone under 18 is not valid. Section 7 of the Act says the same, subject to section 17.

Step by step: signing a kit will in WA

1. Fill in the kit by hand or type it, and read it through. Don't sign yet.
2. Arrange two adult witnesses who can see you sign and who can all be in the room at the same time.
3. Sign the will in front of both witnesses, in a place that shows you meant to sign the will. If the kit asks you to sign or initial every page, do that in front of the witnesses too.
4. Each witness signs in your presence.
5. Don't make changes after signing. Section 10 says an alteration after execution isn't effective unless it is executed like a will, for example with your signature and the witnesses' signatures beside the change.
6. Store the original safely and tell your executor where it is.

Can a beneficiary witness a will in WA?

The current WA Act we read has no section that voids a gift to a witness. A former section 12 was deleted in 2007. Section 11 only bars a person who can't see and attest your signature.

Even so, the safer course is two witnesses who get nothing under the will. Queensland, Tasmania and the Northern Territory do void gifts to witnesses in some cases, and Legal Aid WA stresses that a will must be properly signed and witnessed. Our who can witness a will page compares the rules across Australia.

Is a will kit legal in WA?

Yes, if the finished will meets section 8 and you had capacity. Nothing in the Act requires a lawyer. Legal Aid WA's view is cautious. It says a will is an important legal document that must follow strict legal requirements, that it is best to get legal advice and have it drafted by a lawyer, and that a badly written will often leads to delays and disputes.

If a will doesn't meet the formal rules, section 32 lets the Supreme Court treat a document that embodies a person's testamentary intentions as their will in some circumstances. That needs a court application after your death, so it is a fallback for your family and not something to plan around. See our guide to whether a will kit is legal.

Marriage, divorce and relationships

Marriage. Section 14 says marriage revokes a will, except a will made in contemplation of that marriage and some wills exercising a power of appointment. Legal Aid WA says that if you married after making your will, you should get legal advice to check it is valid.

Ending of marriage. Section 14A says a will is revoked by the ending of your marriage, unless a contrary intention appears in the will or there is other evidence of that intention. A marriage ends when a divorce order takes effect, a decree of nullity is granted, or a recognised overseas dissolution or annulment occurs. Legal Aid WA says that if you divorce after making a will, your will is normally cancelled.

Other relationships. The WA Public Trustee's will page lists starting or ending a long-term relationship as a reason to update a will, even when no marriage or divorce is involved.

When to update a WA will

The WA Public Trustee suggests updating your will when:

• you have married or divorced, or plan to
• you start or end a long-term relationship
• you sell or give away an asset you left to someone
• a child is born and you want them to benefit
• your executor or a beneficiary dies and there is no substitute provision
• you change your mind about who should benefit
• your financial circumstances change significantly

More in our guide to updating a will.

Making a will with the WA Public Trustee

The WA Public Trustee drafts wills that either name it as your only executor, or name your spouse or de facto partner as first executor and the Public Trustee as substitute. It says it may draft other wills in exceptional cases, at fees different from those in its brochure. Its fees are set out in a Wills and Enduring Powers of Attorney brochure, which we didn't open, so we don't quote a price here.

The page says taking instructions, drafting and signing typically takes about 1.5 to 2 hours. Regional clients can give instructions by phone and receive the will by post with instructions on how to get it properly signed.

Legal Aid WA says it does not draft wills, but its Elder Rights WA service may give eligible people free preliminary advice about making one.

Choosing an executor

The WA Public Trustee lists an executor's duties as including locating the will, notifying beneficiaries, applying for probate, securing and valuing assets, paying creditors, lodging tax returns, managing any trusts, collecting and transferring assets, representing the estate in legal action and distributing the estate. Pick someone able to do that work, or consider a professional. Our guide to being an executor covers it in more detail.

Enduring power of attorney in WA

The WA Government's enduring power of attorney page, last updated 10 February 2026, says:

• the Office of the Public Advocate's kit, with forms and step-by-step instructions, is free to download
• two witnesses are needed, both at least 18 with full legal capacity
• one witness must be authorised to witness statutory declarations under the Oaths, Affidavits and Statutory Declarations Act 2005, and still working in that listed occupation
• completing the forms incorrectly could make the document invalid
• if you own property, you can lodge the EPA with Landgate within three months, and Landgate charges a fee

See our power of attorney guide.

Frequently asked questions

How many witnesses do I need for a will in WA?

At least two, present at the same time when you sign or acknowledge your signature, under section 8 of the Wills Act 1970.

Does divorce cancel my will in WA?

Under section 14A, the ending of a marriage revokes the will unless a contrary intention appears in the will or other evidence. Legal Aid WA says to get advice after a divorce.

Can a beneficiary witness a will in WA?

We found no section in the current Act that voids a gift to a witness, but independent witnesses are the safer choice.

Does the WA Public Trustee make free wills?

The page we read doesn't say the service is free. Fees are in the Public Trustee's brochure, and it drafts wills that name it as executor or substitute executor.

Can Legal Aid WA write my will?

No. Legal Aid WA says it does not draft wills, though its Elder Rights WA service may give free preliminary advice.

Is a will valid if it wasn't witnessed properly in WA?

Not under section 8. Section 32 lets the Supreme Court admit an informal document in some cases, but that needs a court application.