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Making a Larke vs Nugus Request
Last Updated on May 7, 2026 by tanya
Making a Larke vs Nugus Request
About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.
Written by Tanya Waterworth, Digital Content Writer
An Important Tool When Contesting a Will
Making a Larke vs Nugus request is one of the first steps you can take if you believe there’s something suspicious about a will. This request is sent to an executor to get detailed information on how a will was made. This may include facts such as who was present at the signing or whether the testator appeared to understand what they were signing.
The request originates from the case of Larke vs Nugus (1979) case. In that case, the court held that solicitors who drafted a will should provide full information about the circumstances of its preparation if asked. The principle encourages solicitors to co-operate with such requests.
As families have become more complex and estates are larger, inheritance disputes are on the rise in England and Wales. However, if you want to contest a will, it’s advisable to speak to a specialist contentious probate lawyer as will disputes are a complex area of law.
What’s Included in a Larke vs Nugus Request
A Larke v Nugus request is a formal letter sent to the solicitor who prepared the will. It requests details such as:
How instructions were given for the will.
Did the testator have mental capacity at the time.
Who was present when the will was signed.
Whether the testator understood the contents of the will.
If there was any evidence of undue influence.
Copies of attendance notes, drafts, and correspondence relating to the will.
This information is not contained in the will itself. The solicitor’s file provides crucial context that can help determine whether the will is valid.
When to Send a Larke vs Nugus Request
Before probate is granted: Often sent early, when someone is considering whether to contest the will.
After probate: It can still be sent, but disputes are harder once estate administration is underway.
If you’re unsure you’re a beneficiary: You can still send a request if you have a potential interest in the estate, such as being a close relative or dependant.
Why It Matters if You Suspect Something Wrong
If you suspect something is wrong with a loved one’s will, a Larke vs Nugus request is often the first step in gathering evidence. It matters because:
Transparency: It forces disclosure of how the will was made.
Evidence: It provides documents that may support claims of lack of capacity, undue influence, or procedural errors.
Avoiding litigation: Many disputes are resolved once the information is shared, saving considerable time and costs.
Strengthening claims: If you proceed with your claim, the solicitor’s notes can be powerful evidence.
Common Grounds for Contesting a Will
A Larke vs Nugus request is particularly useful if you suspect any of the following:
Lack of testamentary capacity: The testator did not understand the nature of making a will.
Undue influence: Someone pressured or coerced the testator.
Failure to comply with formalities: The will was not properly signed or witnessed.
Fraud or forgery: The will was tampered with.
Who Can Make a Request
You do not need to be a confirmed beneficiary. Requests are typically made by:
- Disappointed beneficiaries who expected to be included but were not.
- Family members or dependants considering a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- Anyone with a legitimate interest in the estate.
What Your Solicitor Will Ask For
Solicitors know how to ask for the complete file which may include:
Attendance notes
Emails and correspondence
Earlier drafts
Identity checks
Telephone logs
This file often contains key evidence.
They can evaluate the response for problems
A contentious probate solicitor knows what red flags to look for, such as:
Short, rushed attendance notes
No record of capacity checks
No explanation of changes from a previous will
A beneficiary being present during instructions
Missing documents
These issues can be crucial in proving the will is invalid.
Why Larke vs Nugus Requests Are Increasing
Rise in property values: Estates are larger, making disputes more worthwhile.
Blended families: Second marriages, stepchildren, and cohabiting partners increase conflict.
Longer lifespans: Capacity issues are more common.
Charitable giving: Sometimes family members are excluded in favour of charities.
Take Action Today
A Larke vs Nugus request is a vital tool in England and Wales if you suspect something is wrong with a loved one’s will. It allows you to obtain crucial information from the solicitor who drafted the will, helping you decide whether to challenge its validity. If you want to challenge a will, it’s essential to act quickly.
Call First Personal Injury at 0333 3582345 or contact us online and we can call you back at a time suitable for you for a free, initial consultation.