Challenging a Grant of Probate should be done by way of a fresh “Probate Action”

Brief Facts

The Applicants obtain a Grant of Probate on 17.6.2020. 3 years after the issuance of the Grant of Probate, on 20.6.2023, the Proposed Intervener filed an Application for Leave to Intervene in the Probate Proceedings. The Proposed Intervener also sought for declaratory reliefs, specifically for the will to be declared invalid and the List of Assets and Liabilities to be set aside (“Application for Leave to Intervene”).

In response, the Applicants raised a preliminary objection, whereby, the reliefs sought by the Proposed Intervener, aiming to invalidate the Will and to revoke the List of Assets and Liabilities would have the same effect as revoking the Grant of Probate issued by the Honourable Court. Therefore, this falls within the ambit of a “probate action” as defined under Order 72 Rule 1 (2) of the Rules of Court 2012.

Decision

On 17.4.2024, the Kuala Lumpur High Court delivered its decision, upholding the Applicants' Preliminary Objection. The Court held that the Application for Leave to Intervene was filed under the incorrect procedure. Consequently, the Application for Leave to Intervene has been dismissed.

Please note that the Grounds of Judgment have not yet become available.

Key Takeaway

In challenging a Grant of Probate, the applicant should file a fresh “probate action” by way of Writ under Order 72 of the Rules of Court 2012. In this regard, the applicant should not apply to intervene under the Originating Summons filed for the Grant of Probate before seeking the intended reliefs.

Our Associate, Ho Chan Chon successfully represented the Applicants. He can be reached at chanchon@ikclaw.com