Laches in probate claims

There are certain areas of the law in which practitioners invariably confront limitation periods and other deadlines. One of these is litigation under the Inheritance (Provision for Family and Dependants) Act 1975, with its strict statutory deadline for the issue of a claim. Probate claims, however, do not tend to attract similar concerns, given the lack of statutory limitation period and the existence of the mechanism allowing a person to enter a caveat against an estate. Classic probate disputes tend to arise quickly once parties discover the contents of a will: a caveat is often entered before a grant is obtained, inter partes correspondence ensues, and the matter either eventually proceeds to court or mediation, or is dropped entirely by the challenging party.