If you have concerns about the validity of a Will, or are considering bringing a claim against an estate, time limits are governed by the equitable doctrine of laches which limit the amount of time you can wait to issue a claim.
As a result, it is crucial to pursue any challenge without delay and as soon as reasonably practicable.
The doctrine of laches operates as a defence by arguing that a claimant has unreasonably delayed in asserting their rights and, as a result of that delay, should no longer be permitted to pursue the claim.
Importantly, delay on its own is not sufficient to defeat a claim. The delay must have caused a level of prejudice such that it would be unjust for the court to grant relief, typically because the defendant has altered their position in reliance on the claimant’s inaction.
The party asserting laches has the burden of proving that it is applicable. The recent case of James v Scudamore [2023] EWHC 996 (Ch) identifies four key principles that govern when the doctrine of laches should apply in probate claims:
In recent case law, the courts have rejected Will challenges due to the parties taking too long to pursue their cases.
In Stephenson & Anor v Daley & Anor [2026] EWHC 53 (Ch) the High Court dismissed a challenge to a Will on the basis of laches alone. In this case, the defendants were seeking to set aside the Will on the basis that the Deceased did not know and approve of its contents.
The court held that the defendants had known about the terms of the Will in early November 2016 and the court deemed that they had everything they needed to make a claim from 10 April 2017 onwards. However, they never made a claim to set aside the Will until at least 7 and a half years later. The judge was therefore inclined not to allow the Will to be set aside on the ground of laches alone.
The earlier case of Bowerman v Bowerman [2025] EWHC 2947 (Ch) also followed the four propositions set out in James v Scudamore, finding that a delay of 18 and a half years was too long and was barred by laches.
Therefore, if you are considering making a claim against an estate it is essential that this is done as soon as possible and any unnecessary delays are avoided.
Howes Percival’s specialist Contentious Trusts and Probate team has extensive experience in advancing and defending claims challenging the validity or contents of a will.
If you would like advice on making or defending a claim against an estate, please contact our team for tailored guidance.
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