A New Parent’s Guide to Wills in Perth: Protecting Your Kids and Your Home

Becoming a parent changes everything. Suddenly, your world isn’t just about your career or your next holiday; it’s about that tiny, sleeping human in the next room. You’ve baby-proofed the house, bought the best car seat, and researched the safest cot. But there is one safety net that many new parents in Perth overlook, often because it feels too “heavy” to think about: making a will.

At Tactical Legal Solutions (TLS), we know that drafting a Will isn’t about dwelling on the worst-case scenario. It’s about the ultimate act of love: ensuring that no matter what happens, your children are raised by the people you trust, in the home you built for them.

If you are procrastinating (and let’s be honest, who has time between nappy changes?), this guide is your practical, no-nonsense checklist to getting it done right.

The Big Question: Who Will Raise Your Children?

For most new parents, the primary barrier to making a Will in Australia isn’t cost, it’s the emotional difficulty of choosing a guardian.

In Western Australia, if you pass away without appointing a legal guardian in your Will, the Family Court may be required to decide who cares for your children. This could lead to:

• Family disputes and stress during a grieving period.
• Your children being placed with relatives you wouldn’t have chosen personally.

The Solution: Appoint a Testamentary Guardian. This is a clause in your Will that specifically names the person(s) you trust to raise your children until they turn 18.

Pro Tip: Choose guardians who share your parenting values and lifestyle. It doesn’t always have to be a family member: close friends are often excellent choices.

Blended Families: Why “Standard” Wills Don’t Work

Modern families are complex. If you are part of a blended family, perhaps you have step-children or children from a previous relationship, a standard “I leave everything to my spouse” Will is often insufficient and risky.

The Risk: If you leave your entire estate to your new partner, and they later re-partner or pass away, your biological children from a previous relationship could be accidentally disinherited.

The Solution: Specialised Wills for blended families often use Life Interest Trusts.

What is a Life Interest Trust? 

It is a trust created within your Will that comes into effect only upon your death. It allows you to provide for your current spouse while “locking” the capital away for your children, ensuring they eventually inherit the family wealth.

Your Superannuation is Not Automatically Covered

This is the most common trap for young families. In Australia, your Superannuation (and the often substantial Life Insurance attached to it) does not automatically form part of your estate. This means your Will does not control it.

If you don’t have a Binding Death Benefit Nomination in place, the Superannuation trustee decides who gets that money, not you.

The Solution: When you draft your Will with us, we advise you on how to update your Superannuation nominations, so this massive asset goes exactly where it’s needed (such as to pay off the mortgage so your family can stay in their home).

Choosing Your Executor

Your Executor is the project manager of your estate. They pay the debts, close the accounts, and distribute the assets.

But who should you choose? Here is a handy checklist for you to consider:

• Trustworthy: Above all else.
• Organised: It involves paperwork.
• Younger (ideally): It is practical to choose someone likely to outlive you.
• Professional: For complex estates, appointing Wills and estates lawyers as independent executors can prevent family disputes and ensure tax-effective distribution.

DIY Kits vs. Professional Advice

We understand the temptation of a $30 Post Office Will Kit. However, as parents, the “cost” of a mistake is too high. A DIY will can be easily contested if:

• It is not witnessed correctly (a strict requirement in WA).
• The wording is ambiguous (leading to expensive Supreme Court interpretations).
• It fails to account for complex assets like family trusts or businesses.

At TLS, we focus on intelligent solutions that keep your family out of court. A professionally drafted Will is a small investment for the peace of mind that your children’s future is ironclad.

Wills and Estate Planning Frequently Asked Questions 

Can I just write down my Will on a piece of paper? 

Technically, informal Wills can sometimes be accepted by the courts in WA, but it requires an expensive legal process to prove it was your intended Will. It is risky and stressful for those left behind.

What happens if both parents pass away? 

This is why appointing a guardian is critical. If both parents are gone, your Will’s guardianship clause guides the court to your preferred carer immediately, providing stability for the children.

How often should I update my Will? 

You should review your Will every 3-5 years, or immediately after major life events, such as having another child, getting divorced, or buying a new property.

The Next Step

You protect them every day with seatbelts, sunscreen, and baby gates. Now, let’s put the ultimate protection in place.

Contact TLS today for a friendly, no-obligation chat about your family’s needs. We’ll make the process simple, empathetic, and secure, so you can get back to what matters most, enjoying time with your kids.