Jurisdiction(s):
United Kingdom

Key definition

Grant of Probate definition

What does Grant of Probate mean? A Grant of Probate is the court’s authority given to the executors named in a valid will to collect, manage and distribute the deceased’s estate. In England and Wales, it is a type of grant of representation issued by the Probate Registry under the Senior Courts Act 1981 and the Non-Contentious Probate Rules 1987, once the executors prove the will and provide required statements and tax information. It is available only where at least one executor is willing and able to act; otherwise letters of administration with will annexed are issued. In Northern Ireland, a Grant of Probate is issued...

Contentious Probate in England and Wales: Common versus Solemn Form Grants, Jurisdiction, Parties, Revocation and Setting Aside

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Practice notes

The distinction between grants in common form and those in solemn form

A common form proof of a Will arises where no one contests or questions its validity. The executor named in the Will, or, alternatively, a successor or the individual entitled to a grant of administration with the Will annexed, files the Will alongside form PA1P, setting out its contents, together with any necessary affidavits, at the district probate registry. A grant is then issued in that applicant’s name, notwithstanding the absence of any other interested parties. Accordingly, the registry processes the papers and issues the grant without input or intervention from any other interested parties. A grant of probate obtained in common form is recognised by every court in England and Wales as definitive proof of the executor’s title, and of the formal validity and contents of the Will-this applies equally to a grant of administration with the Will annexed. Likewise, a grant of letters of administration is accepted in those courts as conclusive evidence of the administrator’s title as the deceased’s personal representative. The acquiescence of persons claiming under a different Will in an executor securing probate of a Will in common form does not prevent them...

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Web page updated on 26/05/2026

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