Challenges Probate Intestacy & “Living Wills”


There are two basic types of Challenges to Wills.

The first type of challenge is a common law challenge to the validity of the Will itself.  The basic grounds for this type of challenge usually are;

1. Lack of testamentary capacity (the deceased did not have sufficient mental faculties to do a will); 2. fraud (the will is a forgery); 3. duress or undue influence (the deceased was bullied into doing the will a certain way).

The second type of challenge is under an act of parliament now known as the Family Provisions Act.  This allows a challenge based on a failure to provide properly for family members and those to whom the deceased should have properly had regard.  The Court has fairly wide discretion as to how they deal with such applications and what further provision (if any) an applicant may receive.  This type of challenge can be made both to the provisions of a Will and to the statutory formula for distribution where no will exists.

In addition to these basic challenges there are diverse other types of deceased litigation, such as Court determinations as to who is a legitimate beneficiary of a Will, what does the Will mean and questions regarding the conduct of Executors, Administrators and Trustees of Deceased Estates.

Our staff are highly experienced in all areas of such practice and we pride ourselves on efficient, friendly and compassionate service.

We offer initial advice sessions for $50.00 for half hour of advice if required.


When someone dies you will generally have to make an application for a grant of Probate (if there is a Will) or Letters of Administration (if someone dies without a Will and Intestate).

In limited circumstances you may be able to avoid having to make such an application.

Our staff are highly experienced and strive to provide a cost effective professional and compassionate service in this area.

Generally in order to advise or assist you, we will require a copy of the relevant death certificate for the deceased and details of the assets and liabilities of the Deceased Estate at death.

Should you wish assistance and advice in this area please do not hesitate to contact us.

Peel Legal Barristers & Solicitors website provide general information only not legal advice. Each client’s situation is unique and it is advisable to obtain legal advice to suit your individual needs

As the information is general, you should not rely on the accuracy or usefulness of the information to your particular situation. No representations are made regarding the accuracy or otherwise of the courtesy information provided under our services headings. Please ensure you obtain detailed and considered legal and financial advice.