How have judgment creditors been successful in challenging the validity of probate?

Another application of the principle, and one relied upon by Moore J., is found in Phinney v. Clark (1896), 1896 CanLII 74 (SCC), 25 S.C.R. 633. There, judgment creditors of the estate of a deceased person unsuccessfully attacked the validity of probate that had issued to the executor. The executor then sold lands forming part of the estate and used some of the proceeds to pay the judgment creditors. The creditors accepted the monies knowing that they were proceeds of the sale of the land. The creditors nevertheless issued execution against the lands, still claiming that the probate was not valid; the purchasers of the land from the executor sought to have the judgment declared to not be a charge upon the lands.