Dying Without A Valid Will – Legislation Changes

Shared from the 9/21/2021 The West Australian eEdition by Jocelyne Boujos, president of the Law Society of WA

“If you die without a valid will, the State government will decide what happens to your property. The law will now be changed so that the statutory scheme for the distribution of property when a person dies without a will is now, and into the future, equitable for their survivors.

This amendment to the law is long overdue as the current amounts, as noted by the State Attorney-General on August 19, 2021, “are grossly inadequate”. The new laws in WA will now also be equivalent as in all other states.

These amendments are set out in only seven pages, and there are five clauses, so is indeed small in size but with the potential to alleviate serious financial problems for almost half of the WA community, some at their most vulnerable, during a deeply sad time of their lives. It will truly have a “large impact”, as noted by the Attorney-General when introducing the bill.”

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