Applying For Directions

[cousin jane]

Could somebody please tell me the difference between applying for directions and applying for a grant in solemn form. Also can you apply for the grant of solemn form once a caveat appearance has been entered and contentious litigation has started? thanks

[Barmaid]

A grant in common form is an ordinary Grant. Ie one that is not in any way objected to.

A grant in solemn form is normally issued after contentious proceedings.

Applying for directions means the Court (normally the Probate Registry or District Judge) will give directions. Generally this could mean giving directions for the issuing of proceedings or also potentially for the removal of a caveat. Applying for a Grant in Solemn form will mean proceedings need to be issue.

[cousin jane]

Thank you Barmaid. Can I ask, which would be the best route to have a registered caveat removed, grant of solemn form or issue proceedings? Also if this went to court would it be at a high court, I am just trying to work out costs for getting this to court. The person challenging the will who has not come forward with 'all his evidence' has put in an appearance but has done nothing since and as its nearly 6 months since the appearance I need to get this sorted once and for all. If we applied for a grant in solemn form if the judge thought after seeing our evidence (medical records to prove capacity and witness statements to prove no coercion could he grant probate there and then if he didn't think there was a court case?