Trusts and Estates
Delays in starting probate claims
McElroy v McElroy [2023] EWHC 109 (Ch)
Edward Hewitt
It is well established that no statutory limitation period applies to claims brought to propound or to challenge the validity
of a will. But does that really mean that a probate claim can always be brought irrespective of how long has passed since
the deceased's death? Or will there be circumstances in which the claimant will be told: "sorry, you're too late"? The recent
decision in
McElroy v McElroy [2023] EWHC 109 (Ch) provides a helpful illustration of when a long delay in bringing a probate claim will be considered
too long.