There has been a significant update in estate law, with the WA Government announcing an increase in the statutory legacy amounts for intestate estates – those where someone passes away without a valid Will.
Back in March 2022, the Administration Act 1903 (WA) was amended to modernise inheritance entitlements for spouses, children, and other family members. One of the key reforms was the introduction of a mandatory review of these amounts every two years.
As a result of the latest ministerial review, the new legacy amounts (effective from 5 July 2025) are:
- $546,000 for a surviving spouse or de facto partner where there are also surviving children (up from $501,000)
- $815,500 for a surviving spouse or de facto partner where there are no surviving children (up from $748,500)
- $65,500 for surviving parent/s (up from $60,000)
To help explain how estates are distributed when someone dies without a Will in WA, check out our updated Intestacy Flowchart here:
These increases are a welcome improvement for families navigating the loss of a loved one, but they don’t make intestacy (dying without a valid Will) any more of an attractive option. Without a valid Will, your estate is divided according to a rigid legal formula — one that rarely reflects your personal wishes.
Having a proper Will remains critical to put in place your specific wishes and plans, instead of having your estate carved up according to a rigid formula. Distributions in the case of an intestacy will almost never match the desired outcome for your beneficiaries, and you have no say over how your wealth will pass to them. Plus, the extra costs and complexities of administering an estate without a Will is guaranteed to take its toll on those left behind.
If you’ve been thinking about your Will or need help getting your affairs in order, there’s no time like the present – your loved ones will thank you one day.
Get in touch with us today and let us help put your wishes in place.
