The dangers of delaying challenging a Will 

The recent High Court decision to dismiss Alastair Bowerman's challenge against the Wills of his parents highlighted the importance of taking prompt action if you have concerns about the validity of a Will.

Alastair took 18.5 years to challenge the Wills, and the High Court's ruling resulted in him losing his claim for a greater share of his parents’ estate and having to pay £875,000 in legal costs,.

In this article, Alex Speirs, a partner in our dispute resolution team, highlights the risks of waiting too long to challenge a Will.

The importance of taking swift action

The case concerned two brothers and a fight over the validity of their parents' Wills and the distribution of their estates.

The family farm was home to a mineral water spring, which had been used as part of the family business. Jean and John Bowerman, the owners of the farm, made Wills that left their cash assets to their sons Alastair and David on the basis that they planned to transfer the family farm to their other son, Ben.

In 1999, they made new Wills which left Ben an equal share of their cash assets and their remaining shares in the family business. They had transferred the rest of the family business to Ben before making their new Wills.

John died in 2004 and Jean in 2012. Alastair challenged both Wills in 2023, representing himself in a four-day trial. He argued that his father's Will was invalid due to a lack of knowledge and approval, and that his mum's was invalid because he alleged she was subject to undue influence from Ben. The brothers' relationship deteriorated to such an extent that Alastair was convicted of arson for “setting fire to Ben’s car” and given a restraining order.

Although the Judge found that some of Alastair’s claims were well-founded, she ultimately found against Alastair because the 18.5-year delay in bringing the claim was “inexplicable” and would be unfair to the executors to allow the claim. Alastair was ordered to pay £875,000 in legal costs.

Consulting experts in Wills

Although a delay as long as 18.5 years is particularly difficult to justify, the case serves as a useful reminder of the dangers of delay in challenging the validity of a Will. Not only did Alaistair fail to win the case, but he also had to cover the cost of significant legal fees.

If you have concerns about the validity of a Will or are dealing with a challenge to a Will and need support, please contact Alex Speirs on 0191 221 7797 or [email protected].