Late father made a will in 2011 where I am sole beneficiary. My brother not given anything as he got his share thru gift while our father was alive. Father had told us about this will and my brother had accepted the terms. Even after our father's demise, he didn't say anything.
Now 6 years after our father's death, he ran into money issues and is claiming intestacy. If he had told me to get it probated after our father's death, I would've done so. Now as 10 years since will was made, contacting witnesses has also become hard. Lawyers gave conflicted advice and so I started reading Supreme Court case law about limitations act.
These cases seem to say that the probate can be filed by executor upto 3 years from when the right to apply accrues which is when the interest of the executor is infringed upon. In this case, I'm not filing but he is. So he should also be barred as he knew for over 3 years that I am in possession and have rented the property & didn't file then but is doing now.