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Delays in starting probate claims

Trusts and Estates

Delays in starting probate claims

McElroy v McElroy [2023] EWHC 109 (Ch)

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.

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