Charlotte Kahrman, Associate at HCR Law, outlines what a Grant in Solemn Form is, when it is used, and how it differs in substance and effect from a Grant in Common Form.
What is a Grant in Solemn Form?
An application for a Grant of Probate is typically a routine, necessary step in the administration of an estate. In most cases, the Probate Registry issues a Grant in Common Form without requiring evidence beyond the application papers. However, where the validity of a will is disputed (or likely to be disputed), practitioners may need to consider whether to pursue the more forensic route of applying for a Grant in Solemn Form.
A Grant in Solemn Form is a Grant of Probate (or Letters of Administration with will annexed) issued after the Court has formally determined the validity of the will. Unlike the usual administrative process, the application proceeds as contentious probate proceedings, typically within the High Court (Chancery Division) or a District Probate Registry exercising contentious jurisdiction.
The hallmark of a Grant in Solemn Form is that the will has been proved by witness evidence (sometimes referred to as “per testes”), following a judicial process in which interested parties are given the opportunity to challenge its validity. This may involve:
- evidence from the attesting witnesses
- medical or expert evidence (for example, on testamentary capacity)
- disclosure and cross-examination
- a trial, where necessary
Once granted, probate in solemn form is conclusive as to the validity of the will, subject only to appeal.
When is a Grant in Solemn Form needed?
An application for a Grant in Solemn Form is typically used where there is a dispute or anticipated dispute as to the validity of the will. Common scenarios include allegations that the will is invalid on grounds of lack of testamentary capacity, want of knowledge and approval, undue influence or concerns that the will has not been executed in accordance with the requirements of Section 9 of the Wills Act 1837 opens new window.
Disputes typically commence with the exchange of pre-action correspondence. Where concerns cannot be resolved, or have been raised but not meaningfully advanced, it may become necessary for a party to apply to prove the will in solemn form. Otherwise, both executors and beneficiaries can be left in procedural limbo.
An executor seeking to neutralise the risk of later challenge may proactively issue proceedings to prove the will in solemn form, particularly in high-value or contentious estates.
What is the difference between Grants in Common Form and Grants in Solemn Form?
For Grants in Common Form, the process is governed by The Non-Contentious Probate Rules 1987 opens new window. For Grants in Solemn Form, the Civil Procedure Rules (CPR), particularly CPR Part 57, apply.
In practice, a caveat is often lodged to prevent a Grant in Common Form being issued. Quite often, a party will have expressed concern about the validity of a will yet failed to provide further detail on their concerns or otherwise failed to engage. In those circumstances, the executors and other interested parties are left in limbo: they are unable to progress the administration of the estate, yet not in a position to understand and deal with the claim(s) that may be presented later.
An application can be made seeking a Grant in Solemn Form. Interested parties, including those who would benefit under an earlier will or the intestacy rules (if applicable) are joined. Sometimes, those interested parties will reply to the claim with a defence and counterclaim. A good example of this process in action is in Ellis v Ellis. The Court determines the validity of the will following evidence and, if required, trial.
By contrast, a Grant in Common Form is the standard, non-contentious Grant issued by the Probate Registry. The will is usually accepted without formal proof by evidence. No notice is given to potential challengers and the Registry instead relies on the statement of truth and application materials.
The choice between the two types of Grant has significant practical and strategic implications: A Grant in Common Form prioritises efficiency and is the usual Grant obtained where there are ostensibly no concerns or potential claims. However, it remains vulnerable to later challenge. By contrast, a Grant in Solemn Form provides certainty and finality, which may be critical in contentious and/or high-value estates.
Summary
Executors are subject to a duty to administer the estate and protect its assets (amongst other things). Where there are credible challenges to a will, proceeding with a Grant in Common Form may expose the estate, and potentially the executors personally, to litigation risk, increased costs and delays in distribution.
In some instances, seeking to prove the will in solemn form at an early stage may be prudent. This is particularly so where the estate cannot safely be administered while a validity challenge remains unresolved.
While proving a will in solemn form is the exception rather than the rule, it remains an important procedural safeguard where the validity of a will is in dispute. It transforms the process from administrative to adversarial, with certainty at the cost of the time and expense of litigation.
About the author
Charlotte Kahrman opens new window (Associate) is a specialise contentious probate and proprietary estoppel matters at HCR Law opens new window based in the Leamington Spa office.
See also
Place a deceased estates notice
Ellis v Ellis: Probate challenges carry real costs risk
What are the grounds for contesting a will?
Find out more
Wills Act 1837 opens new window (Legislation)
The Non-Contentious Probate Rules 1987 opens new window (Legislation)
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Adobe Stock
Publication date
8 July 2026
Any opinion expressed in this article is that of the author and the author alone, and does not necessarily represent that of The Gazette.