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Solemn Form

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In English law

Probate may be granted either in solemn form or in common form. Probate in solemn form is only employed when there is or is likely to be a dispute as to the validity of the will, and in such a case the person who wishes its validity to be established commences an action against the person who disputes it. The action proceeds as to pleadings, trial, etc., in the same way as an ordinary action. If the plaintiff makes out his case, the court pronounces for the validity of the will, and the executor may then take probate of it as if it had not been disputed.

Coote, Prob. Prac. 250, 308.

As a general rule, probate in solemn form is conclusive on all who are parties to the proceedings, or cognizant of them.

Browne, Prob. Prac. 101.

Probate in common form is that "form which is slight and summary for ordinary and undisputed cases."