The Issues

Initially, the claimant had sought some legal advice after the death of the deceased in 2013 but took no further steps.  He did not bring his claim until 2020, some 7 years later and after the death of the second wife of the deceased.

Held

The delay was considered to be unjustified as the claimant had sought earlier legal advice and in respect of the argument as to due execution, the judge concluded that the fact of a regular and completed attestation clause gave rise to the presumption that everything had been properly done.  The equitable doctrine of laches provides that, if there is an unreasonable or undue delay in asserting a legal right to the detriment of the opposing party, then laches will operate to prevent the claimant from proceeding with their claim.

Comments

When challenging the validity of a Will, there is no formal time limit within which a claim can be issued in Court.  However, this case acts as a reminder to act quickly if you are concerned about the validity of a Will.

The judgment is available here: https://www.bailii.org/ew/cases/EWHC/Ch/2023/996.html

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