Henderson v. Henderson

SEARS, Chief Justice.

The appellant, Clara Henderson, appeals from an order of the probate court ruling that she did not timely file an amended caveat raising the issue that a will she was challenging was a forgery. Because we conclude that the trial court erred in this ruling, we reverse.

Where, as here, there is no pre-trial order, an amendment to a complaint “may be filed up to the time evidence is taken at trial.” In this case, the trial court ruled that the appellant filed her amended caveat “after the beginning of the proceedings” and that it was therefore untimely. The trial court’s…