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Q&As

When lodging a claim to propound a Will in solemn form, should the statement as to testamentary documents specifically refer to earlier Wills which predate a marriage (even though revoked on the marriage) and should the whole Will file be annexed to the statement or just the Will itself?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings

Published on: 10 August 2022

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Grant of probate in solemn form

'Wills can be proved in two ways: being in common form or in solemn form. A grant of probate, in whatever form it takes, is a judicial act, and becomes an order of the Court.' Petrovski v Nasev: Estate of Janakievska [2001] NSWSC 1275 (not reported by ��ɫ��®) at [233].

A Will is proved in common form when there is no dispute about its validity. 'Non-contentious or common form probate business' is defined in section 128 of the Senior Courts Act 1981. The procedure is governed by the Non-Contentious Probate Rules 1987, SI 1987/2024.

See Flowchart: Grant of probate/administration—flowchart.

A Will is proved in solemn form further to a Court order when there is a dispute about it. The procedure is

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United Kingdom

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