High Court Decision Serves As A Warning To Those Delaying Probate Claims

• Published date: 16 February 2024
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Burges Salmon
• Author: Mr Justin Briggs and Simon Lellouche

Although there is no time limit to start a probate action, unjustified delay, perhaps in the hope of more favourable circumstances, may bar the claim

Summary

Before challenging the validity of a will, many factors need to be considered. However, the recent decision in James v Scudamore [2023] EWHC 996 (Ch) highlights the importance of prompt action, seeking legal advice, and avoiding delays in bringing a claim. In this case, the claimant waited several years to initiate proceedings after obtaining legal advice. This resulted in the court dismissing the case for unjustified delay. This is the first modern case that recognises laches in a probate claim, where individuals fail to promptly assert their rights. It holds particular significance as claims contesting a will usually have no time limit to be started.

The Facts

In 2010, Ivor Percy James died leaving a will and a codicil. Christine, the deceased's second wife, subsequently obtained a grant of probate and administered the estate in 2011. The claimant is the son of the...