As mentioned in Chapter 9.3: Wills, when a person dies leaving a will, a grant of probate must be obtained.
A grant of probate is approval by the registrar of probates on behalf of the Supreme Court of Victoria that the deceased’s will is in fact the last valid will in existence.
The majority of wills are proved in ‘common’ form. This occurs where there is no dispute about the validity of the will. Probate in these cases is granted when certain documents are filed with the Probate Office, without any court proceeding being necessary.
If, however, there is any challenge, or the possibility of a challenge, to the validity of the will, it is necessary to prove the will in ‘solemn’ form, which involves formal Supreme Court proceedings.