concerned about a will - Larke v Nugus request

Concerned About a Will? How to Ask the Solicitor for More Information

Dinah Jantasz July 28, 2025

If you’re concerned about a will and worried that a loved one’s will may not reflect their true wishes, here’s how you can request key details from the solicitor, known as a Larke v Nugus request.

A Larke v Nugus request is a formal letter sent to the solicitor (or other professional) who helped prepare a will. It asks them to provide detailed information about how the will was made, particularly to help establish whether it was made properly, without undue influence or confusion on the part of the person who wrote it (known as the testator).

The name comes from a legal case in the 1970s, Larke v Nugus, where the court said that if someone is challenging the validity of a will, the solicitor who drafted it should provide a full and honest account of the circumstances around it.

Why Would You Send One?

You might send a Larke v Nugus request if you believe there’s a reason to doubt the will is valid. For example, if you think:

The person who made the will didn’t fully understand what they were signing
They were pressured or manipulated by someone else
They were suffering from memory problems or confusion at the time
The will is dramatically different from previous versions, with no clear explanation

Before taking the major step of contesting a will in court, sending a Larke v Nugus letter can help gather important evidence. In some cases, it may even lead to early resolution without needing to litigate.

What Information Can You Request?

The request usually asks the solicitor who prepared the will to provide:

A copy of their attendance notes (i.e., notes taken during meetings with the person making the will)
Details of any other people who were present when instructions were given or the will was signed
Information about how the solicitor assessed the person’s mental capacity
Whether the solicitor took steps to check there was no undue influence from anyone else
Confirmation of how instructions were received (in person, by phone, in writing, etc.)
Any correspondence or draft versions of the will
A copy of the final signed will

Sometimes, the solicitor may also be asked to provide a formal witness statement covering these points.

Do Solicitors Have to Comply?

There’s no strict legal rule forcing a solicitor to respond to a Larke v Nugus request. However, there is a strong professional conduct expectation that they do so. Courts have made it clear that providing this information is considered good practice, as it promotes transparency and can help avoid unnecessary litigation, especially if the estate is facing a formal challenge.

In most cases, solicitors will cooperate and provide the information, as long as the request is reasonable and made in good faith.

They may also charge a reasonable fee for their time in preparing the documents and responding to the letter.

Will This Delay the Probate Process?

It can. If you raise a caveat with the Probate Registry (a formal notice that stops probate from going ahead), then the estate can’t be distributed until the issue is resolved.

Many people will send a Larke v Nugus request at the same time as entering a caveat, to stop probate while they gather more information.

Once the solicitor has responded, you can review the information with your legal advisor and decide whether to:

Proceed with a formal challenge to the will; or
Remove the caveat and allow probate to continue.

How We Can Help

If you’re concerned about the validity of a loved one’s will, it’s important to get legal advice early. A Larke v Nugus request can be a useful and cost-effective first step, but it needs to be handled carefully and respectfully.

At The Jonathan Lea Network, we can:

Advise you on whether a Larke v Nugus request is appropriate in your situation;
Draft the request on your behalf;
Review any documents or statements provided in response; and
Guide you on whether to challenge the will formally.

We understand how sensitive these situations can be, and we’ll help you approach the matter with clarity and compassion. We usually offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.

* VAT is charged at 20%

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.