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FORMAL PROBATE [1 record]

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Record 1 2014-02-21

English

Subject field(s)
  • Law of Estates (common law)
OBS

Probate of a will in some jurisdictions requires the institution of a formal proceeding, upon notice to next of kin and others in interest, while in other jurisdictions probate is "pro forma" and notice, if any, is given after the will has been admitted to probate. The chief difference between the two kinds of probate is that in the former case (called "probate in solemn form" or "formal probate") persons who receive the required notice or appear in the proceeding must therein assert any objections they may have to the admission of the will to probate and, if they fail to do so, are, in general, precluded by the entry of a decree of probate from thereafter contesting the will or objecting to its validity; while in the latter case (called "probate in common form" or "informal probate") the will is first admitted to probate and any objections and contests may be asserted after probate .... [Tomlinson, "Administration of Decedents' Estates," 2nd ed., 1978, p. 69].

French

Domaine(s)
  • Droit successoral (common law)
DEF

Homologation d'un testament en la forme solennelle.

OBS

homologation solennelle : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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