Wills and Codicils – Disputes, Administering, Preparation and Updating

Bailiwick Legal specialises in preparing, contesting, administering and updating Wills and Codicils in Western Australia.

The death of a person close to you can be a very sensitive time in a person’s life and having to be in charge of their estates and assets after their death is not a very simple and ideal process.

Our lawyers will prepare the relevant clauses and conditions needed for a Will for yourself to avoid the trauma and unclear responsibilities left for those close to you after death. We also provide services to contest a Will if you believe you have been left out unfairly. We provide you with expert and tailored advice as to the process of making, contesting or updating a will and we will advise you on the specific responsibilities of that comes with a Will.

For more questions regarding Wills and Codicils, contact us today or view the FAQs below for a better understanding. We also provide services for drafting and administering wills in Perth, Western Australia.

Will Lawyer, Estate lawyer, beneficiaries, challenge a will, inheritance, intestate

Karolina Rzymkowska

Bailiwick Legal Estate and Succession Lawyer

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A will is a legal document that sets out your final wishes upon death and will include how you would like your assets, estates and other items to be distributed after death. A Will includes an executor and administrator, who you choose that will carry out your wishes in your Will after death.

Dying without a Will will cause grievance upon those close with you due to the several stresses and processes they will have to go through. Without a Will, a person will need to act as your executive and this will have to go through Court which will be a tedious process involving several costs.

On top of this, you need a Will to see your estate be distributed efficiently and how you would like to. In WA, there are ‘Rules of Intestacy’, which are set out rules as to what will happen with your estate if you die without a will. Examples of some of these rules include:

  • If your spouse is the only surviving member of your family, they will be entitled to your whole estate.
  • If your spouse and children are the surviving members left of the family, money will be split in half with the children being entitled to share one half of the remainder.

It is important to create a will to avoid future complications.

Preparing a Will is very complex and it is wise to seek legal assistance to create your will. At Bailiwick Legal we will help through every step of the process. 

Prior to contacting us, it is best to think of:

  • Who you would like to choose to be the executor of you will;
  • Who you wish to appoint to be the guardian(s) of your children if you have any; and
  • How and who you wish to distribute your assets to after your death.

Yes, you are able to update your will after creating one if you ever change your mind on who your beneficiaries will be. A small update to change slight terms in a Will is called a ‘codicil’.

A codicil provides a more efficient way to update your Will to your needs in a simple process as long as it is drafted up correctly.

The executor’s duties is to gather the assets of the deceased’s estate and pay any debts left by the deceased. The executor then distributes the remaining assets to the beneficiaries.

Some examples of what an executor may be responsible for include:

  • Organising the funeral;
  • Closing bank accounts;
  • Paying any creditors; 
  • Identifying and distributing assets to beneficiaries;
  • Looking after assets to anyone under 18 or with a legal disability. 


Those who are named to be the executor of a Will, he or she will need to apply for a Grant of Probate. This is essentially the Court’s official recognition that the Will is legally valid and the executor is authorised to handle the estate. 

If there are no set executors, a willing person can apply to the Court for a Grant of Letters of Administration.