The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
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 statement of truth as to its contents and any required affidavits to the Principal or district 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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234