Where there is a dispute about the validity of a will, one way to avoid unnecessary legal hurdles is for the will writer to prepare a statement about the circumstances in which the will was made. This means that your will needs to be properly drawn up by an experienced and qualified will writer. In the event of a dispute following your death, they should be able to provide adequate answers to the questions asked.

What is a Larke v Nugus request? 

A Larke v Nugus request is a letter that is sent to the professional who prepared the will to gather as much information as possible about how it was prepared and executed. The request can be made by anyone who has a concern about the will’s validity. There may be concerns about lack of capacity, undue influence or lack of knowledge and approval about how the will was executed.  

The request sets out a list of questions for members of the firm who may have been involved in the preparation of the will to answer. There are no ‘typical’ questions but they often cover:  

• how long the will writer was known to the deceased;
• who introduced the deceased to the firm;
• how instructions were received;
• whether and to what extent earlier wills were discussed;
• what attempts were made to discuss departures from the earlier will or wills, and
• how the provisions of the will were explained to the deceased and the circumstances in which the execution took place.

The response to the request is important. It will enable the person looking to challenge the will to establish whether it should be contested and what their prospects of success might be. The will writer’s evidence should help illustrate the deceased’s intentions, as well as what efforts were made to assess testamentary capacity and other considerations. The experience and expertise of the will writer will also be taken into consideration, among other factors.

The impact of a Larke v Nugus request 

If a Larke v Nugus request is made, it can lead to: 

• Delays in probate: the process can slow down the distribution of your estate, causing frustration for your beneficiaries. 

• Increased costs: legal fees to address the request can be substantial, particularly where the person who wrote your will cannot provide adequate answers to the questions asked. The fees involved can lead to a reduction in the value of your estate. 

• Emotional stress: dealing with legal disputes can be stressful and emotionally draining for your loved ones, who will already be experiencing a difficult time. 

How to protect your estate from a dispute and avoid your will being challenged

• Seek professional advice: consult a solicitor or qualified will writer who specialises in wills and estate planning to ensure your will is properly drawn up. Look for someone who is STEP qualified as this means they specialise in this particular area.  
  
• Detailed documentation: an experienced and qualified will writer will recognise the need to prepare contemporaneous file notes, thorough records of your instructions and details of your intentions. These can all be invaluable if someone questions the validity of your will. An experienced will writer can also prepare a letter of explanation, as well as a letter of wishes, which is evidence in support of your wishes. 

• Regularly update your will: life changes. Your will should be updated to take into consideration significant life events, such as marriage, divorce, birth or death.  

• Proper execution: carefully follow the legal formalities for signing your will. This includes correct witnessing, to help prevent any challenges to its validity. 

By taking these steps, you can avoid the complications of a Larke v Nugus request, and the often drawn-out process that can follow. This will ensure your estate is distributed as you wish without unnecessary legal hurdles. For further guidance on drafting your will and navigating the complexities of estate planning, find a TEP in your area here.

Nina Sperring TEP, Partner, Price Slater Gawne Solicitors