Seminar | Losing counsel: How late is too late - McElroy v McElroy and the introduction of limitation to probate claims

We are delighted to welcome Roger Mullis of Radcliffe Chambers to review the High Court decision in McElroy v McElroy with its apparent introduction of a time bar for late challenges to a will's validity.

Paul McElroy issued proceedings in October 2021 to set aside letters of administration issued to his late brother's widow Lynne.  He relied on a 2002 Will which, if Ray was deemed domiciled in Scotland at the date of both marriage to Lynne and death, would not have been revoked by Ray's subsequent marriage to Lynne (Scottish law differing from English in this respect).
  
But Ray's death and the grant of letters of administration to Lynne had occurred more than ten years before Paul issued his claim.
  
Disgruntled relatives often assert that a Will 'must' be invalid without making any formal attempt to set a Will aside, leaving executors with a nagging uncertainty.
  
The question of whether Paul's claim was barred by laches, acquiescence and/ or issue estoppel came before HHJ Richard Williams.
  
Roger Mullis appeared for Paul. He will assess the judicial reasoning and lessons to be learned and in particular the extent (if any) to which the decision provides comfort to personal representatives.

Registration will start at 12.45pm, with the seminar starting at 1pm.

If you would like to attend, please RSVP here