Unlike some other types of claim, there is no set time limit for bringing a claim to challenge a will. However, this does not necessarily mean that claimants can take as long as they want to bring their challenge. Even if there is strong evidence to support a will challenge, the claim may fail if the Court finds that there was unjustified or inexplicable delay.
When considering whether to dismiss a claim because of delay, the Court will consider factors such as the explanation for the delay, whether the person bringing the claim has done anything to waive their right to bring a claim, whether others have acted to their detriment (for example by paying out the estate in the belief that no challenge was being brought) and whether evidence has been lost due to documents being destroyed or witnesses’ memories fading.
In the recent case of Bowerman v Bowerman [2025] EWHC 2947 (Ch), Alastair Bowerman, a former cider company boss, fell foul of the law around delay when his claim against his brothers to challenge his parents’ wills failed on this basis. His parents’ wills left him a one third share of their cash, but no interest in the 460-acre family farm or medieval manor house. Mr Bowerman represented himself in a four-day trial, claiming that his mother’s will was invalid due to undue influence and that his father’s will was invalid due to lack of capacity and lack of knowledge and approval.
Mr Bowerman’s claim regarding his mother’s will was dismissed. However, Mr Bowerman succeeded in persuading Master Clark that his father was too ill to properly understand what he was doing when he changed his will. Master Clark said that if the lawyers involved had spoken to the doctor treating him, they would have been told that he lacked capacity. Despite this, Mr Bowerman’s case was ultimately dismissed due to his delay in bringing the claim.
Mr Bowerman had become increasingly disgruntled over the years, and the relationship between him and one of his brothers became so bad that a restraining order was made against him after he set fire to his brother’s car. Mr Bowerman had contacted lawyers on several occasions over the years to seek advice. Despite this, he did not bring his claim until 2023, a decade after his mother’s death and over 18 years after his father’s death.
Mr Bowerman attempted to explain the delay by referring to his poor health and the restraining order. Master Clark was not persuaded by these arguments, stating:
“Alastair took legal advice in relation to his parents’ estates but took no steps to challenge the wills. He sought to explain this by reference to his health (he had a spinal operation in 2006) and the Restraining Order. As to the first, this cannot in my judgement explain the lengthy period before the challenge to the wills was brought. As to the Restraining Order, this specifically exempted communication through solicitors and did not therefore prevent a claim from being brought. I consider therefore there is no proper explanation for the delay in bringing the claim…”
At a subsequent costs hearing Mr Bowerman was ordered to pay £475,000 up front towards estimated legal costs of £875,000 (being the legal costs of his two brothers and the professional administrator), far more than he actually inherited.
This case is a stark reminder that, even when the underlying will challenge is strong, the Court may still dismiss the claim if there has been unjustified delay.
If you are concerned about the validity of a will, or about a claim being brought against you, then please contact us and we will be happy to assist.