CONTENTIOUS AND NON CONTENTIOUS BUSINESS

There are two ways in which a grant of probate may be issued by the Court.
(1) grant of probate in common form
 grant of probate in common form is the most common.
 This is when there is no dispute about the Will and the grant of probate
is uncontested.
 To obtain a grant of probate in common form an application is made to
the Court, necessary fees are paid and the application considered by the
probate Registrar of the Court not in the court room.
 Non-contentious or common form probate business is the business of
obtaining probate and administration where there is no contention as to
the right thereto including the passing of probates and administration
through the High Court in contentious cases where the contest has been
terminated, and all business of a non-contentious nature in matters of
testacy and intestacy.
 Non contentious usually made by way of Summons either to a Judge or
to a registrar.
2. grant of probate in solemn form
 Contentious business or solemn form probate.
 For example when the validity of the Will is an issue, the executor must
prove the Will in Solemn form.
How? By calling the requisite witnesses involved in the execution of the
Will, lay witnesses and medical evidence where necessary.
 A grant in solemn form is a formal Court proceeding to have the Will
paved.
 A grant in solemn form will usually arise where there is a dispute over
the validity of the Will because may be the testator lacked testamentary
capacity when they made the Will or because there is an issue on
whether the deceased was unduly influencedby another person when
making the Will.