Many couples assume they must create a single joint will after getting married or entering a de facto relationship. However, this is one of the most common misconceptions in estate planning. In reality, married and de facto couples can each have their own legally valid will, allowing them to decide how their individual assets will be distributed.

Whether you are newly married, living in a long-term de facto relationship, or planning for your family’s future, understanding your options is essential. If you are looking for guidance on how to make a will in Perth, professional legal advice can help ensure your wishes are properly documented and legally protected.

Can Married or De Facto Couples Have Separate Wills?

Yes. Under Western Australian law, each person has the right to create their own will, regardless of their relationship status.

A separate will allows each partner to:

Decide who receives their personal assets.
Appoint their own executor.
Choose guardians for children if appropriate.
Include specific gifts or charitable donations.
Update their will independently when circumstances change.

Having separate wills often provides greater flexibility and reduces confusion if personal or financial circumstances change in the future.

Why Separate Wills Can Be a Better Option

Many couples share assets, but they may also own individual property, investments, businesses, or sentimental belongings. Separate wills ensure these assets are distributed according to each person’s wishes.

Separate wills are particularly beneficial when:

One or both partners have children from previous relationships.
One partner owns a business.
Couples have separate investments.
Personal inheritances need special consideration.
Each partner wishes to leave gifts to different beneficiaries.

A professionally prepared will provides clarity and reduces the risk of future family disputes.

What Happens if You Don’t Have a Will?

If one partner dies without a valid will, their estate is distributed according to the intestacy laws in Western Australia.

This means:

You lose control over who receives your assets.
Loved ones may receive less than intended.
Family disputes can arise.
The administration process may become more complex and time-consuming.

Creating a legally valid will helps protect your family while ensuring your wishes are respected.

How to Make a Will in Perth

If you’re wondering how to make a will in Perth, the process is usually straightforward when handled by experienced legal professionals.

Step 1: List Your Assets

Prepare details of:

Property
Bank accounts
Investments
Vehicles
Superannuation (where applicable)
Personal valuables

Step 2: Choose Your Beneficiaries

Decide who will inherit your estate.

Beneficiaries may include:

Your spouse or partner
Children
Grandchildren
Friends
Charities

Step 3: Appoint an Executor

Your executor will manage your estate and ensure your instructions are carried out correctly.

Choose someone who is:

Trustworthy
Organised
Capable of handling legal and financial matters

Step 4: Seek Professional Advice

Obtaining legal advice for making a will in Perth helps ensure your document complies with Western Australian law and reflects your intentions accurately.

Step 5: Sign Your Will Correctly

Your will must meet legal witnessing requirements to remain valid.

Following a proper step-by-step guide to making a will in Perth reduces the likelihood of errors that could invalidate your wishes.

When Should Couples Update Their Wills?

Your will should be reviewed whenever major life changes occur, including:

Marriage
Separation
Divorce
Starting a de facto relationship
Birth of children
Purchasing property
Starting or selling a business
Receiving a significant inheritance

Regular reviews ensure your estate plan continues to reflect your current circumstances.

Why Work With Probate Lawyers?

Preparing a will is only one part of estate planning. After a person’s passing, the estate may also require probate before assets can be distributed.

Experienced Probate Lawyers Perth can assist with:

Preparing legally valid wills
Estate planning advice
Probate applications
Estate administration
Executor guidance
Resolving estate disputes

Seeking professional advice today can save your family considerable stress and legal complications later.

Choosing the Right Probate Lawyer

Selecting the right legal professional is an important decision.

When looking for the best probate lawyer Perth, consider:

Experience in estate planning
Knowledge of Western Australian succession laws
Transparent communication
Personalised legal advice
Strong reputation and client reviews

Trusted Probate Lawyers Perth WA provide practical guidance tailored to your personal and family circumstances.

Whether you need to prepare your first will or update an existing one, choosing to Hire A Probate Lawyer gives you confidence that your estate planning has been completed correctly.

Final Thoughts

Married and de facto couples are not required to share one will. In fact, having separate wills often provides greater flexibility, clearer estate planning, and better protection for each person’s individual wishes.

If you’re considering make a will Perth, obtaining professional legal guidance ensures your will is legally valid and tailored to your circumstances. Experienced Probate Lawyers Perth can guide you through every stage of the process, helping you protect your loved ones and giving you peace of mind for the future.

Frequently Asked Questions

Can married couples have separate wills in Australia?

Yes. Married couples can each create their own legally valid will. Each person decides how their own estate will be distributed.

Is a joint will better than separate wills?

In most situations, separate wills offer greater flexibility and are easier to update when circumstances change.

Can de facto partners make separate wills?

Yes. De facto partners have the same ability to prepare separate wills that reflect their individual wishes and estate planning goals.

Do I need a lawyer to make a will in Perth?

Although it is possible to prepare your own will, obtaining legal advice for making a will Perth helps ensure your will complies with legal requirements and reduces the risk of future disputes.

How often should I update my will?

You should review your will whenever significant life events occur, such as marriage, separation, the birth of children, purchasing property, or changes to your financial circumstances.

Why should I hire a probate lawyer?

When you Hire A Probate Lawyer, you receive professional assistance with will preparation, probate applications, estate administration, and legal advice that helps protect your family’s future.