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SC Rejects Late Probate Challenge After Relatives Ignored Notice
The Supreme Court dismissed a bid to revoke a Will after relatives ignored a mutation notice. The ruling affirms that silence during property record updates bars later challenges.
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The Supreme Court dismissed a bid by relatives to revoke the probate of a Will that made a nephew the sole beneficiary of his aunt's estate. The ruling turned on a procedural detail: the relatives had received a formal notice when the nephew applied for mutation of the property records after obtaining probate. They did not file any objection at that time.
Years later, the relatives petitioned to revoke the probate, arguing the Will was not genuine. The court rejected the case, holding that by ignoring the mutation notice and failing to object when the record was being updated, the relatives had effectively accepted the Will's validity. The principle of acquiescence applied, the court said.