When does limitation run against bringing a claim to challenge a Will on the grounds of fraud and undue influence
There is no limitation period applicable to a claim regarding the validity of a Will, nor does laches or any other equitable defence apply. However, there may well be defences (such as laches, change of position etc) to claims to recover monies that have been paid out in reliance upon the earlier WIll. Abuse of process may also apply if your client has waited a very long time.
Thank you very much for your response. Do you have any case on the point? I am presently in the process of drafting a defence to a claim challenging the validity of a will on the grounds of fraud and undue influence.