Terry Roberts brought a motion for summary judgment to dismiss Michael Cowie's motion and application for directions regarding a will challenge, arguing they were statute-barred under the Limitations Act, 2002.
The court held that a will challenge is not a 'claim' for the purposes of the Act, as probate proceedings are in rem and do not seek to remedy an injury, loss, or damage caused by an act or omission.
The court also found that a notice of objection and a motion for directions are not 'proceedings' under the Act.
The motion for summary judgment was dismissed.
