Jurisdiction—grants in solemn form
Jurisdiction—grants in solemn form

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Jurisdiction—grants in solemn form
  • The distinction between grants in common form and those in solemn form
  • Jurisdiction
  • Parties
  • Setting aside

The distinction between grants in common form and those in solemn form

The distinction between grants in common form and those in solemn form is that a common form proof of the Will is where the Will's validity is not challenged or questioned. The executor nominated by the Will or indeed, their successor or the person entitled to a grant of administration with Will annexed, presents the Will with their application form PA1P as to its contents and any required affidavits to the district probate registry. A grant is thereby issued in their name irrespective of the absence of any other interested parties.

A grant of probate obtained in common form is accepted in all courts in England and Wales as conclusive evidence of the executor's title and of the formal validity and the contents of the Will—this applies equally to a grant of administration with the Will annexed. Similarly, a grant of letters of administration is accepted in all such courts as conclusive evidence of the title of the administrator as personal representative of the deceased. The acquiescence of those interested under another Will to an executor obtaining probate of a Will in common form does not prevent them later putting the personal representative to proof of the Will in solemn form. If those interested in another Will have

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