Wills

This chapter deals with applications relating to wills and testamentary instruments after probate has been granted. It is primarily concerned with applications for construction of such documents. Therefore considerations as to the validity of testamentary instruments and applications relating to family provision are dealt with elsewhere in this work. Wills often contain provisions relating to trusts. The law of trusts is also dealt with elsewhere in this work. It will often occur that a valid will which has been admitted to probate will need to be construed. This may include an application to the court relating to the powers of the Executor or as to the nature of the interest which a beneficiary may take. Therefore this chapter contains a commentary on the law as it relates to the construction of wills

Probate

Applications for grants of probate or letters of administration with the will annexed can be made either in common form or in solemn form. Applications for grants in common form are not dealt with in this work as for the most part the work is of an administrative nature by solicitors and the forms used to obtain common form grants are prescribed by rules of court. A grant in common form can always be revoked as it does not bind all parties beneficially interested in an estate. A grant in solemn form will, in the absence of fraud a later will or procedural irregularity or unavoidable accident preventing a party from taking part in the proceedings be irrevocable as persons having an adverse interest to the grant being sought will have had the opportunity to appear either through citation or having been joined as defendant. Generally speaking proceedings in common form are uncontested and proceedings in solemn form are contested, although an executor named in a will who has serious doubts about its validity is entitled to apply for probate in solemn form