TOP 10LAWYERS

Top 10 Wills and Estate Planning Lawyers in Perth

Ten Perth wills and estates firms, with what each one suits, who the accredited specialists are, and the WA rules on wills, probate and claims against an estate.

Google ratings checked 23 October 2026 Updated 23 October 2026

No firm pays for its place on this list. How we compile this list

Find a firm for your situation

Choose what fits you best to see which firms on this list cover it.

Grouped by what each firm publishes about its own work. Most firms on this list handle all common estate planning law matters.

The Top 10 Wills and Estate Planning Lawyers in Perth

Ten estate planning law firms in Perth, with their experience, accredited specialists, Google ratings and what each one suits.

Bespoke Wills and Estates

Main Street, Osborne ParkWills and estates only

5.0

5 Google reviews

Checked 23 October 2026

Best for Families who want a dedicated wills and estates firm for planning and probate

  • Doyle's Guide lists it in the first tier of Leading Wills, Estates and Succession Planning Law Firms in WA for 2026.
  • The firm says it concentrates solely on wills and estate planning.
  • Director Emily Nixon was admitted in 2005 and handles family provision claims in the Supreme Court.
First consultation
No consultation terms published. Quotes on request by phone or online enquiry.
Office
Suite 6, 14 Main Street, Osborne Park WA 6017
Full profile: lawyers, services and sources

About the firm

Bespoke Wills and Estates is a wills and estate planning practice in Osborne Park, formed in 2019 when Jarvis Nixon Legal and SBT Legal combined. Directors Emily Nixon, admitted in 2005, and Shirley Tascone, admitted in 2006, run it with consultant Marcia Jarvis. The work is wills, testamentary trusts, enduring powers of attorney and guardianship, probate and letters of administration, and Emily Nixon also runs family provision claims and SAT guardianship matters. It suits families who want a firm that does estates and nothing else. It doesn't publish consultation terms, and quotes are given on request.

Formed in 2019 from Jarvis Nixon Legal and SBT Legal

Also worth knowing

  • Director Shirley Tascone has worked in wills and estates since 2008 and set up SBT Legal in 2014.

Lawyers

  • Emily Nixon, Director and Lawyer
  • Shirley Tascone, Director and Lawyer
  • Marcia Jarvis, Consultant Lawyer
  • Kim Sobey, Lawyer (role not stated)

Areas of estate planning law handled

  • Wills
  • Testamentary trust wills
  • Enduring powers of attorney
  • Enduring powers of guardianship
  • Grants of probate
  • Letters of administration
  • Executor advice
  • Deceased estate advice
  • Family provision claims
  • SAT guardianship and administration matters

Office

Suite 6, 14 Main Street, Osborne Park WA 6017

Sources

Back to the list

Cullen Macleod

Stirling Highway, NedlandsFull service firm

4.3

31 Google reviews

Checked 23 October 2026

Best for Families with trusts or a business, and anyone facing a will dispute

  • The Law Society of WA register lists Sally Bruce and Kylie Pritchard as accredited wills and estates specialists.
  • Sally Bruce has more than 20 years in estate litigation and succession planning and is a Doyle's Guide recommended lawyer for 2026.
  • Her work includes family provision claims, will disputes and solemn form probate.

Accredited wills and estates law specialists (2)Sally Bruce, Kylie Pritchard

First consultation
Contact the firm to ask about first consultation terms. Its site has How We Charge and Client Retainer pages.
Office
Level 2, 95 Stirling Highway, Nedlands WA 6009
Full profile: lawyers, services and sources

About the firm

Cullen Macleod is a Nedlands firm founded in 2004 by three partners from national firms, and it now has about 34 people. Its wills and estates team is led by principal Sally Bruce, who has more than 20 years in estate litigation and succession planning, with senior associate Kylie Pritchard. Both are on the Law Society of WA's register of accredited wills and estates specialists. The team covers wills with testamentary trusts, enduring powers, probate, passing of accounts, family provision and will disputes. It suits western suburbs families with trusts. Ask about consultation terms when you call.

Founded in 2004

Also worth knowing

  • The firm was founded in 2004 and has about 34 people.

Lawyers

  • Sally Bruce, Principal, Wills and Estates and Succession Planning Accredited wills and estates law specialist
  • Kylie Pritchard, Senior Associate, Wills and Estates and Succession Planning Accredited wills and estates law specialist

Areas of estate planning law handled

  • Wills
  • Testamentary and family trusts
  • Enduring powers of attorney
  • Enduring powers of guardianship
  • Superannuation binding nominations
  • Business succession planning
  • Probate and letters of administration
  • Passing of accounts
  • Family provision claims
  • Will and inheritance disputes
  • Guardianship and administration

Office

Level 2, 95 Stirling Highway, Nedlands WA 6009

Sources

Back to the list

Jackson McDonald

St Georges Terrace, Perth CBDFull service firm

4.2

22 Google reviews

Checked 23 October 2026

Best for Business owners and wealthier families with trusts and companies to pass on

  • Doyle's Guide lists it in the first tier of WA wills, estates and succession planning firms for 2026.
  • It lists Chambers and Partners Band 1 for Private Wealth in 2023.
  • Partner Jim O'Donnell has more than 25 years in tax, succession, trusts and estates.
First consultation
No consultation terms published. Enquiries through the website contact form.
Office
225 St Georges Terrace, Perth WA 6000
Full profile: lawyers, services and sources

About the firm

Jackson McDonald is a large Perth firm on St Georges Terrace, established in 1922 according to Business News. Its estate planning and business succession group sits with private wealth, tax and trusts, and estate litigation teams, and the firm says it has the largest estate planning and succession team in WA. Partner Jim O'Donnell has more than 25 years in tax, trusts and estates. In 2024 it added senior consultant Maree van der Kwast, known for estate disputes. It suits wealthier families and business owners with structures to pass on. Consultation terms aren't published.

Established in 1922, according to Business News

Also worth knowing

  • It added estate disputes lawyer Maree van der Kwast as a senior consultant in February 2024.

Lawyers

The site's estate planning page doesn't list its team, so ask who will handle your matter.

  • Jim O'Donnell, Partner, Tax and Succession
  • Maree van der Kwast, Senior Consultant, Private Clients
  • Anna Christiansen, Associate, Private Clients

Areas of estate planning law handled

  • Estate planning
  • Wills and testamentary trusts
  • Business succession
  • Private wealth structuring
  • Taxation and trusts
  • Estate litigation
  • Trust disputes
  • Inheritance disputes

Office

225 St Georges Terrace, Perth WA 6000

Sources

Back to the list

Solomon Hollett Lawyers

Parliament Place, West PerthInheritance and commercial law firm

4.8

155 Google reviews

Checked 23 October 2026

Best for People contesting or defending a will under the Family Provision Act

  • Doyle's Guide lists it in the second tier of WA wills, estates and succession planning firms for 2026.
  • Founding director Morgan Solomon is a Doyle's Guide recommended estates lawyer for 2026.
  • Its inheritance pages cover contesting and defending wills, informal wills and executor disputes.
First consultation
Free 15 minute phone call with a lawyer. Fixed price or time based billing, according to the firm.
Office
1/16 Parliament Place, West Perth WA 6005
Full profile: lawyers, services and sources

About the firm

Solomon Hollett is a West Perth firm on Parliament Place that calls itself a master of inheritance and commercial law. Founding director Morgan Solomon leads a team of four directors and more than a dozen lawyers. Its estates work spans wills, testamentary trusts, enduring powers, probate and administration, plus a large inheritance disputes practice: contesting and defending wills under the Family Provision Act, informal wills and executor disputes, with mediation first and the Supreme Court if needed. It suits anyone caught up in an inheritance dispute. It offers a free 15 minute phone call, with fixed or time based billing.

Also worth knowing

  • It offers a free 15 minute phone call and both fixed and time based billing.

Lawyers

The site doesn't say which lawyers work in estates; these are directors plus lawyers named in estate matters.

  • Morgan Solomon, Founding Director
  • Brandon Hetherington, Director
  • Craig Hollett, Director
  • Andrew Bower, Director
  • Matthew Gunn, Senior Associate
  • Jessica Spee, Associate

Areas of estate planning law handled

  • Contesting a will
  • Defending a will
  • Family provision claims
  • Estate litigation
  • Wills and estate planning
  • Testamentary trusts
  • Enduring powers of attorney and guardianship
  • Superannuation and estate planning
  • Probate and letters of administration
  • Estate administration

Office

1/16 Parliament Place, West Perth WA 6005

Sources

Back to the list

Smailes Krawitz

Havelock Street, West PerthTax, trusts and estates boutique

Best for Business owners and families with trusts, companies or super to pass on

  • Doyle's Guide lists it in the second tier of WA wills, estates and succession planning firms for 2026.
  • Directors Chris Smailes and Alan Krawitz are both chartered tax advisers.
  • Chris Smailes's practice includes contested wills and estates as well as succession planning.
First consultation
No consultation terms published. Call or email to discuss.
Office
Level 1, 100 Havelock Street, West Perth WA 6005
Full profile: lawyers, services and sources

About the firm

Smailes Krawitz is a West Perth boutique on Havelock Street, set up in 2021 by directors Chris Smailes and Alan Krawitz, both chartered tax advisers. It works in tax, trusts, wills and estates, so estate plans are drawn up with the tax side in view. The firm handles estate planning and personal succession, trust deeds and trust disputes, business succession, probate and estate administration, and contested estates. Associate Adrian Hanrahan is a STEP trust and estate practitioner. It suits business owners and families holding assets in trusts and companies. The site doesn't publish consultation terms.

Founded in 2021

Also worth knowing

  • Associate Adrian Hanrahan is a STEP trust and estate practitioner.

Lawyers

  • Chris Smailes, Director
  • Alan Krawitz, Director
  • Adrian Hanrahan, Associate
  • Thomas King, Associate
  • Lisa Ma, Lawyer
  • Rick Way, Lawyer

Areas of estate planning law handled

  • Estate planning
  • Wills and testamentary trusts
  • Trust deeds and variations
  • Trust disputes
  • Family office structures
  • Business succession and shareholders agreements
  • Probate and estate administration
  • Contested wills and estate disputes

Office

Level 1, 100 Havelock Street, West Perth WA 6005

Sources

Back to the list

Taylor Smart

Railway Road, SubiacoGeneral practice firm and notaries

4.5

17 Google reviews

Checked 23 October 2026

Best for Family members bringing or defending a family provision or will validity claim

  • Partner Peter Nevin was among the first Law Society of WA accredited wills and estates specialists in 2025.
  • He has been admitted since 1995 and appears as counsel in the Supreme Court of WA.
  • Doyle's Guide lists the firm in the third tier of WA wills, estates and succession planning firms for 2026.

Accredited wills and estates law specialist (1)Peter Nevin

First consultation
No consultation terms published.
Office
Level 2, 100 Railway Road, Subiaco WA 6008
Full profile: lawyers, services and sources

About the firm

Taylor Smart is a Subiaco firm established in 1977 that also offers notary services. Partner Peter Nevin, admitted in 1995, focuses on estate law and litigation and appears as counsel in the Supreme Court. He was in the first group of Law Society of WA accredited wills and estates specialists in 2025. The firm prepares wills, enduring powers, trusts and advance health directives, administers estates and runs family provision, will validity, executor and elder abuse disputes, including in the SAT. It suits families facing an estate dispute. Consultation terms aren't published.

Established in 1977

Also worth knowing

  • Its estate litigation page covers family provision, will validity, executor and elder abuse disputes.

Lawyers

  • Peter Nevin, Partner Accredited wills and estates law specialist
  • Glen Giles, Principal
  • Ken Edwards, Partner
  • Selina Gates, Senior Associate
  • Emma House, Senior Associate
  • Rachel Finger, Associate

Areas of estate planning law handled

  • Family provision claims
  • Will validity disputes
  • Executor and administrator disputes
  • Enduring power of attorney disputes
  • Elder abuse matters
  • SAT representation
  • Wills
  • Enduring powers of attorney and guardianship
  • Discretionary trusts
  • Probate and intestacy
  • Estate administration

Office

Level 2, 100 Railway Road, Subiaco WA 6008

Sources

Back to the list

Croftbridge

St Georges Terrace, Perth CBDLitigation and estates firm

4.9

7 Google reviews

Checked 23 October 2026

Best for Claimants and executors in a family provision or will validity dispute

  • The Law Society of WA register lists Beverley Sorrell of Croftbridge as an accredited wills and estates specialist.
  • Doyle's Guide lists Beverley Sorrell as a recommended estates lawyer and the firm as recommended in WA for 2026.
  • Its contested estates page covers family provision, capacity and undue influence, and informal wills.

Accredited wills and estates law specialist (1)Beverley Sorrell

First consultation
No consultation terms published. The firm says it explains what it will do and what it will cost up front, then sticks to it.
Office
Level 1, 8 St Georges Terrace, Perth WA 6000
Full profile: lawyers, services and sources

About the firm

Croftbridge is a St Georges Terrace firm founded in 2016 by Tim Lethbridge and Elise Croft, with a team of about eleven. Its estates team includes Beverley Sorrell, who is on the Law Society of WA register of accredited wills and estates specialists and is a Doyle's Guide recommended lawyer for 2026. The firm acts for claimants and estates in family provision claims, will validity and capacity disputes and guardianship applications, and also prepares wills and handles probate. It says it tells clients what it will do and what it will cost, then sticks to that. It suits contested estates.

Founded in 2016

Also worth knowing

  • The firm was founded in 2016 by Tim Lethbridge and Elise Croft.

Lawyers

The contested estates page lists ten lawyers without roles.

  • Beverley Sorrell, Lawyer, wills and estates (role not stated) Accredited wills and estates law specialist
  • Tim Lethbridge, Founder
  • Elise Croft, Founder

Areas of estate planning law handled

  • Family provision claims
  • Defending family provision claims
  • Will validity and capacity disputes
  • Informal wills
  • Executor and trustee advice
  • Guardian ad litem work for child beneficiaries
  • Superannuation death benefit disputes
  • Guardianship and administration
  • Probate and letters of administration
  • Wills and estate planning

Office

Level 1, 8 St Georges Terrace, Perth WA 6000

Sources

Back to the list

Culshaw Miller Lawyers

Adelaide Terrace, Perth CBDGeneral practice firm, member of the Hunt & Hunt legal group

4.1

13 Google reviews

Checked 18 October 2026

Best for Families with trusts, companies or super to plan around, and executors facing a claim

  • Doyle's Guide lists Culshaw Miller as a recommended WA wills, estates and succession planning firm for 2026.
  • Ross Mendonca, head of estate planning and deceased estates, is named a Wills, Estates and Succession Planning Star by Doyle's Guide, according to his profile.
  • Darren Miller was admitted in 1996 and his practice includes estate litigation and Family Provision Act claims.
First consultation
Fixed fee initial appointments available, according to the firm. Book through the consultation request form or by phone.
Office
Level 8, 233 Adelaide Terrace, Perth WA 6000
Full profile: lawyers, services and sources

About the firm

Culshaw Miller is an Adelaide Terrace firm and a member of the Hunt & Hunt group, with a sister firm in Melbourne. Its estates work is led by Ross Mendonca, head of estate planning and deceased estates, alongside legal practice director Darren Miller, who joined the firm in 1997. The team covers wills with testamentary trusts, enduring powers, probate and Family Provision Act claims, plus trust and business succession work. It suits families with a trust or a business to pass on. Fixed fee initial appointments are available, according to the firm.

Also worth knowing

  • Its estate disputes page covers family provision claims, capacity and undue influence challenges, and probate caveats.

Lawyers

  • Ross Mendonca, Head of Estate Planning and Deceased Estates
  • Darren Miller, Legal Practice Director, Commercial and Estate Planning
  • Matthew Petriwskyj, Associate
  • Claudia Walsh, Lawyer

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Enduring powers of attorney
  • Advance health directives
  • Superannuation death benefit nominations
  • Trust deeds and variations
  • Business succession plans
  • Probate and letters of administration
  • Reseals of interstate and overseas grants
  • Deceased estate administration
  • Family Provision Act claims
  • Will challenges and probate caveats

Office

Level 8, 233 Adelaide Terrace, Perth WA 6000

Other details

Other offices
Sister firm Culshaw Badenoch Lawyers in Melbourne

Sources

Back to the list

Clairs Keeley Lawyers

Brook Street, East PerthFamily, commercial and estates firm

4.6

71 Google reviews

Checked 18 October 2026

Best for Families wanting a packaged will and powers from an established local firm

  • The firm says it was established in 1983.
  • It offers a free discovery phone call before booking.
  • Its estates pages cover probate, estate administration and will disputes.
First consultation
Free discovery phone call. Packages for a will, a will with powers, powers only, a testamentary trust or a full estate plan.
Office
Ground Floor, 2 Brook Street, East Perth WA
Full profile: lawyers, services and sources

About the firm

Clairs Keeley is an East Perth family, business and estates firm on Brook Street, established in 1983 according to its site. Four principals, Debbie Clinch, Vincent Tan, Curtis Ward and Madeleine De Leo, work across family, commercial and estates matters, with consultant Ian Clairs. The estates offer covers simple and complex wills, testamentary trusts, enduring powers of attorney and guardianship, probate, letters of administration, estate administration, deeds of family arrangement and will disputes. It sells packages for a will, a will with powers, or a full estate plan, and starts with a free discovery phone call.

Established in 1983, according to the firm

Also worth knowing

  • Four principals and a consultant list wills and estates among their areas.

Lawyers

  • Debbie Clinch, Principal
  • Vincent Tan, Principal
  • Curtis Ward, Principal
  • Madeleine De Leo, Principal
  • Ian Clairs, Consultant
  • Randika Rajkumar, Associate, Wills, Estate Planning and Deceased Estates

Areas of estate planning law handled

  • Simple and complex wills
  • Testamentary trusts
  • Enduring powers of attorney
  • Enduring powers of guardianship
  • Grant of probate
  • Letters of administration
  • Estate administration
  • Will disputes
  • Deeds of family arrangement

Office

Ground Floor, 2 Brook Street, East Perth WA

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Perth estate planning lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Perth office whose own websites show real wills and estates work: wills, enduring powers of attorney and guardianship, advance health directives, probate, estate administration or will disputes. For each firm we read its website in October 2026 and wrote the description ourselves. We only name accredited specialists where the Law Society of WA's register, or the firm's own site, says the Law Society of WA accredited them in wills and estates. Some firms here lean towards estate planning and others towards disputes, and we say so in the write-up. Consultation and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

No firm pays for its place on this list, and the order is our own. We write the descriptions ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules are as published in the Wills Act 1970, Administration Act 1903 and Family Provision Act 1972 and by the Supreme Court of WA, the Office of the Public Advocate, Public Trustee WA and Legal Aid WA in October 2026. Fees are as at 1 July 2026.

Making a valid will in WA

The rules are in the Wills Act 1970. You must be 18 or over, and WA has no general way for a younger person to make a will. Legal Aid WA says you also need capacity, meaning you can make reasoned decisions about personal, financial and legal matters.

  • Signing: the will must be in writing and signed by you, or by someone else in your presence and at your direction. You sign or acknowledge your signature in front of at least two witnesses who are present at the same time, and they then sign in your presence. No special wording is needed
  • Witnesses: someone who can't see you sign can't act as a witness. The Act has no provision for witnessing by video
  • Marriage: getting married revokes an existing will, unless the will was made in contemplation of that marriage. If the marriage then doesn't go ahead, a will made in contemplation of it is void unless it says otherwise
  • Divorce: in WA, the end of a marriage revokes the whole will, not just the gifts to your former spouse, unless the will or other evidence shows you intended otherwise. The marriage ends when the divorce order takes effect, so separation alone doesn't change anything
  • De facto relationships: the revocation rules only cover marriage, so if a de facto relationship ends, your will stays as it is until you change it

Otherwise a will can only be revoked by a later will, by a written revocation signed and witnessed like a will, or by destroying it with the intention of revoking it.

When something goes wrong. The Supreme Court can accept a document that wasn't signed and witnessed properly, including a recording, as a will if it's satisfied the person intended it to be their will. It can rectify a will that doesn't carry out the will maker's intentions because of a clerical error or a failure to follow their instructions, but the application must be made within 6 months of the death. The court can extend that, but not once the estate has been finally distributed. For an adult who has lost capacity, the court can authorise a will to be made for them while they're alive.

Enduring powers and advance health directives

A will only works after you die. These three documents cover the time before that, if you can't make decisions yourself. WA splits them differently from some other states, so a power of attorney here doesn't cover health or lifestyle decisions.

DocumentWhat it coversKey rules
Enduring power of attorneyFinancial and property decisions. It starts from the time stated on the form and keeps working if you lose capacityNo more than two attorneys at a time. Signed in front of two witnesses, one authorised to witness statutory declarations (such as a JP or a doctor) and one aged 18 or over, and neither can be an attorney. WA has no register, but Landgate needs an original on file before your attorney can deal with property
Enduring power of guardianshipPersonal, lifestyle and treatment decisions. It only comes into operation if you lose capacityYour guardian must be 18 or over. Signed in front of two independent witnesses on the same basis. It doesn't need registering. An enduring guardian's authority overrides your spouse or partner's, so appoint them if you want them to decide
Advance health directiveThe treatment you consent to or refuse in future, if you can't make or communicate a decisionYou must be over 18 with full capacity. Signed in front of two witnesses aged 18 or over, one authorised to witness statutory declarations, and at least one treatment decision must be recorded. It can't request voluntary assisted dying

You can revoke an enduring power of attorney at any time while you still have capacity. Once you've lost capacity you can't revoke an enduring power of guardianship yourself, but someone can apply to the State Administrative Tribunal. If your power wasn't lodged with Landgate and you've lost capacity, your attorney will need to complete a statutory declaration confirming it's still in effect, or can ask the State Administrative Tribunal for an order. Health professionals must follow a valid advance health directive, with limited exceptions, and WA Health suggests reviewing your planning documents every 2 years.

The Law Reform Commission of WA has reviewed the Guardianship and Administration Act 1990, including enduring powers and advance health directives. Its final report was tabled in Parliament on 26 February 2026. As at October 2026, none of its recommendations have changed the law, so the current rules and forms still apply.

If someone dies without a will

When a person dies without a valid will, the Administration Act 1903 sets out who gets the estate. The spouse's share depends on fixed dollar amounts that must be reviewed every two years and can be updated by ministerial order, so check the current figures with a lawyer or the Public Trustee.

  • A spouse and children: the spouse takes the household items and the estate up to a fixed amount. If there's more, the spouse also gets one third of the rest and the children share two thirds
  • A spouse, no children, but parents, brothers or sisters: the spouse takes a larger fixed amount and half of anything above it. The other half goes to the parents, who take a fixed amount plus half of anything above it, and brothers and sisters, or the children of any who have died, share the remaining half
  • A spouse and none of those relatives: the spouse takes everything
  • Children and no spouse: the children take everything
  • No spouse or children: the parents and the brothers and sisters (or their children) share, with the parents taking a fixed amount first plus half of the rest. If there are none of them, grandparents take, then aunts and uncles or their children. If there are none, the estate goes to the State

A de facto partner who lived with the deceased for at least 2 years before the death takes as a spouse. If there's both a spouse and a de facto partner, the share can be split between them. Usually the spouse, de facto partner or next of kin applies for letters of administration. If no one is willing to act, the Public Trustee can administer the estate.

Probate and administering an estate in Perth

A grant from the Supreme Court gives the executor or administrator authority to deal with the deceased's property. Probate is granted where there's a will that names an executor. Letters of administration are granted where there's no will, or the will names no executor who can or will apply. The court only has jurisdiction if the deceased left assets in WA.

  • When you need one: usually if there were bank accounts, shares or real estate in the deceased's sole name, or real estate held as tenants in common
  • When you may not: if property and bank accounts were held jointly, or the only other assets were personal possessions or a car. Banks, super funds and insurers set their own rules, so ask each one whether it needs a grant
  • Small estates: where the estate is worth no more than $10,000, you can apply directly to the Principal Registrar
  • Applying yourself: the court has an online probate form for simple applications where you're the named executor. You file a motion, an affidavit and a statement of assets and liabilities, with the original will and death certificate, in person or by post
Supreme Court of WA feeFrom 1 July 2026
Filing an application for probate or administration$418, whatever the estate is worth
Depositing a will with the court$133.50
Search fee$68

The court keeps the original will, and processing usually takes a few weeks, longer for complex applications. Anyone with an interest in the estate who wants to oppose a grant can lodge a caveat before the grant is made. It lasts 6 months unless the court orders otherwise.

The executor's job. You don't have to accept the role, but Legal Aid WA says you can't change your mind later. The executor looks after and insures the property, values the estate, lodges tax returns, pays the debts, sets up any trusts and distributes what's left with a statement to each beneficiary. If the will doesn't provide for payment, an executor isn't paid unless all the beneficiaries agree or the court allows it, though reasonable expenses come out of the estate. Legal Aid WA says finishing within a year is generally reasonable. Public Trustee WA says a simple estate typically takes 12 to 15 months.

Contesting a will and family provision claims

There are two kinds of dispute. A validity challenge says the will shouldn't stand, for example because the will maker lacked capacity. A family provision claim accepts the will, or the intestacy rules, but asks the Supreme Court to make adequate provision for someone's proper maintenance, support, education or advancement in life. The Family Provision Act 1972 sets out who can claim.

  • Spouse or de facto partner: married to the deceased, or living with them as a de facto partner, immediately before the death
  • Former spouse or former de facto partner: only if they were receiving, or entitled to receive, maintenance from the deceased
  • Children: including a child born within 10 months after the death
  • Grandchildren: if the deceased was maintaining them, or their parent (the deceased's child) died first
  • Stepchildren: if the deceased was maintaining them, or inherited property above a set amount from their parent
  • Parents of the deceased

Brothers, sisters and other relatives aren't on the list.

The deadline. A claim must be made within 6 months from the date the administrator becomes entitled to administer the estate, which in practice is the date of the grant of probate or administration. The clock doesn't start at the death, but don't wait for the grant to get advice. The court can give leave to file late where the justice of the case requires it, but Legal Aid WA says extensions are rare. The court can also make an interim order for a claimant's immediate needs.

Costs. The court can make whatever costs order it thinks just, so a claimant can't assume their costs will come out of the estate. Legal Aid WA doesn't give advice on inheritance claims and points people to private lawyers.

Costs, accredited specialists and low cost help

WA has applied the Legal Profession Uniform Law since 1 July 2022. If your legal costs are likely to be more than $750, your lawyer must give you a written estimate and explain how they'll charge. Some firms quote fixed fees for wills and simple probate, while disputes are usually charged by the hour or in stages.

Accredited specialists. The Law Society of WA ran its first wills and estates accreditation in 2025, and its list as at 30 April 2026 named 17 accredited specialists. To qualify, a lawyer needs at least five years of full time practice, with at least a quarter of their work in wills and estates for the previous three years, and must re-accredit every three years. On this list, Sally Bruce and Kylie Pritchard at Cullen Macleod, Peter Nevin at Taylor Smart, Beverley Sorrell at Croftbridge and Natale Ricciardi at Tactical Legal Solutions are on the register.

  • Public Trustee WA: 1300 746 116. From 1 July 2026 a will costs $416 for a single person, or $54 with an eligible concession card, and $277 each for a couple ($44 each with a concession). Its wills name the Public Trustee as executor, or your spouse or partner first with the Public Trustee as backup. An enduring power of attorney costs $137, or $54 with a concession
  • Office of the Public Advocate: 1300 858 455, weekdays 9am to 4.30pm, for information on enduring powers of attorney and guardianship
  • Legal Aid WA Infoline: 1300 650 579. Legal Aid doesn't draft wills or advise on inheritance, but it can point you elsewhere, and Elder Rights WA can give eligible people free preliminary advice
  • Law Society of WA: its online Find a Lawyer tool, or Law Access, which arranges pro bono help for people who can't afford a lawyer

Perth estate planning law: common questions

How long do I have to contest a will in WA?

A family provision claim must be made within 6 months from the grant of probate or letters of administration, not from the death. The court can allow a late claim where the justice of the case requires it, but Legal Aid WA says extensions are rare, so get advice early.

Who can make a claim against an estate in WA?

The spouse or de facto partner at the time of death, a former spouse or partner who was receiving or entitled to maintenance, children, some grandchildren and stepchildren, and the deceased's parents. Brothers, sisters and other relatives can't claim.

Does getting divorced cancel my will?

In WA, yes. The end of a marriage revokes the whole will unless the will or other evidence shows you intended otherwise. Getting married also revokes a will unless it was made in contemplation of that marriage. Separation alone, or the end of a de facto relationship, doesn't revoke it, so update your will.

How much does probate cost in WA?

The Supreme Court filing fee for probate or letters of administration is $418 from 1 July 2026, whatever the estate is worth. Legal fees are separate. For an estate worth no more than $10,000, you can apply directly to the Principal Registrar.

Can my enduring power of attorney make medical decisions?

No. In WA an enduring power of attorney covers financial and property decisions only. For personal, lifestyle and treatment decisions you need an enduring power of guardianship, and an advance health directive records your own treatment wishes.

Who gets my estate if I die without a will?

The Administration Act 1903 decides. A spouse or de facto partner of at least 2 years takes the household items and the estate up to a fixed amount, then shares the rest with any children or, if there are none, with parents and siblings. With no spouse, children take everything. The fixed amounts are reviewed every two years and can be updated by ministerial order.

Are there accredited wills and estates specialists in WA?

Yes. The Law Society of WA started accrediting wills and estates specialists in 2025, and named 17 as at 30 April 2026. On this list, Sally Bruce and Kylie Pritchard at Cullen Macleod, Peter Nevin at Taylor Smart, Beverley Sorrell at Croftbridge and Natale Ricciardi at Tactical Legal Solutions are accredited.

General information only, not legal advice.

Related pages

Sources for the legal information on this page