Difference between common and solemn form Probate

A Grant of Probate relating to the Will of a deceased testator may be issued in common form or solemn form. Broadly, the difference between common and solemn form probate is that common form relates to non-contentious proceedings and solemn form relates to contentious proceedings.

Most Wills pass through the probate process with no issues, with executors dealing with the requisite probate application and submitting the same to the Probate Registry where probate will be granted in ‘common’ form.

Where the validity of a Will is contested some form of court proceedings will normally be brought. There could be numerous reasons for the alleged invalidity of the Will. It may also be that probate has already been obtained before someone realises their right to bring a claim.

Solemn form probate

In many cases where a Will’s validity is being challenged, the executors will be aware of this at an early stage. It is not uncommon for them to be notified that a Caveat (also known as a stop)