Q&As

Limitation period for Will construction claims under CPR Part 64?

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Produced in partnership with James Kirby of Ten Old Square
Published on: 27 February 2023

Is there a limitation period for claims for the construction of a Will made under Part 64 of the CPR? Does section 22 of the Limitation Act 1980 apply in such a case?

There is no specific limitation period applicable to claims for the construction of a Will under Part 64 of the CPR. However, if a mistaken construction of the Will has resulted in assets being misapplied by the executors, a claim by the executors or a legatee to recover those assets from the recipients would generally be subject to the limitation rules for trusts and estates in the sections 21–22 of the

James Kirby
James Kirby

Barrister, Ten Old Square


James Kirby is a barrister at Ten Old Square. He was called to the Bar in 2017 and became a member of Ten Old Square after completing his pupillage there in 2018.

James advises and represents clients on a wide range of Chancery-related matters, with a particular focus on trusts and estates, mental capacity and capital taxes.

He is an editor of the 11th edition of Williams on Wills (2021).

Before coming to the Bar, James was a research fellow in History at Trinity College, Cambridge.

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United Kingdom

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