Official form guide
Form Part I No. 28 is a citation used in the High Court to introduce an alleged will and request that it be proved in solemn form, or to show cause why it should not be declared invalid. It is filed when a party wants the court to examine the validity of a will.
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Form Overview
Form Part I No. 28 is a citation used in the High Court to introduce an alleged will and request that it be proved in solemn form, or to show cause why it should not be declared invalid. It is filed when a party wants the court to examine the validity of a will.
Plain English
If you think a will is genuine and want the court to formally test it, you use this form. It tells the judge you want a solemn proof or, if you think it might be flawed, you must explain why it should not be struck down.
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Applying for a Grant of Probate
Used when the will is accepted without solemn proof
✓ Verify if the will is already admitted
Challenging a Will without proving it solemnly
For a simple objection to validity
✓ Check if you need a full solemn proof
Requesting an Adjournment of a Will Proof hearing
To delay the hearing
✓ Ensure the original citation has been filed
There is no fixed statutory deadline, but filing should occur before any hearing is scheduled to avoid postponement.
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Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->The form is currently the 2023 version and remains in force. No recent amendments have been announced.
Quick Facts
Form Details
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Mixing up this citation with a standard probate application (Form PA1).
Unclear whether a copy of the will or the original is needed.
Whether a solicitor’s signature is mandatory.
If the form can be filed electronically or only in paper.
How to state the relief sought – solemn proof vs. defence.
Timing of filing relative to other applications.
Source transparency
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