Laches as a defence to a probate claim (McElroy v McElroy)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Private Client analysis: This was a trial of a preliminary issue as to whether a probate claim was barred by laches. Generally speaking, the defence of laches can only bar equitable relief. However, His Honour Judge Richard Williams held that in the circumstances of this case, he was bound to dismiss the probate claim if he determined that the laches defence was made out, which he did. This case analysis explores the practical implications, including a secondary point on the default rule that English law is applicable, as well as the court’s conclusions on the availability of laches. Written by Eliza Eagling, barrister at 5 Stone Buildings.