What Is a Larke v Nugus Request?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Challenging a Will in England and Wales

If you believe something about a will is wrong, you can make a Larke vs Nugus request which is designed to unlock important information about how the will was made. It also should provide clarity on whether the will reflects the true intentions of the person who died. Contesting a will can feel overwhelming, but getting specialist legal help can make a decisive difference.

If you want to contest a will, we partner with a panel of highly experienced contentious probate solicitors. They offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding and an initial, free consultation.

What Exactly Is a Larke v Nugus Request?

A Larke v Nugus request is a formal request for information. It is sent to the solicitor or will-writer who prepared the will.

It comes from the 1979 case Larke v Nugus, in which the court made clear that solicitors should provide full information surrounding the preparation and execution of a will when its validity is challenged or questioned.

In practice, a Larke v Nugus request asks the will-drafter to explain:

• How they received instructions for the will
• Whether anyone else was present when instructions were taken
• Whether the testator (the person making the will) appeared to understand what they were signing
• Whether the testator had any illness, vulnerability, or cognitive impairment
• How the solicitor assessed mental capacity
• Who was present at the signing
• Whether the solicitor noticed any signs of pressure, undue influence, or confusion

The will-drafter is expected to co-operate and provide this information. They may also be asked to provide their complete file on the will, including notes, correspondence, drafts, and attendance records.

A Larke v Nugus request serves two main purposes:

1. It helps clarify whether the will is valid. If the will was prepared properly, the response will usually provide reassurance. However if not, the information may divulge red flags such as lack of capacity, undue influence, or procedural errors.
2. It helps avoid unnecessary litigation. Sometimes the response resolves concerns or potential disputes early and prevents long and costly legal proceedings.

For these reasons, a Larke v Nugus request is one of the most important tools when investigating a will dispute.

When Should You Send a Larke v Nugus Request?

You should consider sending a Larke v Nugus request whenever you believe there may be grounds to challenge the validity of a will. Common grounds may include:

Lack of testamentary capacity
The person making the will may have lacked the mental capacity to understand what they were doing.

Lack of knowledge and approval
The testator may not have fully understood the contents of the will.

Undue influence or coercion
Someone may have pressured or manipulated the testator into making the will.

Fraud or forgery
The will or signature may not be genuine.

Failure to follow proper formalities
The will may not have been properly signed or witnessed.

If any of these concerns arise, a Larke v Nugus request can provide key evidence. It is often sent before probate is granted so that estate administration can be paused while the concerns are investigated.

Why a Larke v Nugus Request Is a Critical First Step in a Will Challenge

The strength of any will challenge depends on the evidence. Without evidence, even genuine concerns can be impossible to prove. A Larke v Nugus request is one of the earliest and most effective ways to gather essential information.

It is particularly useful because:

• It provides first-hand evidence from the professional who prepared the will.
• It gives insight into the testator’s mental state, clarity, and wishes.
• It can expose irregularities, such as rushed instructions or unusual involvement from a beneficiary.
• It can help your solicitor assess your prospects of success before committing to litigation.

In many cases, the information disclosed in a Larke v Nugus response forms the rest of the dispute.

Steps to Take If You Want to Contest a Will

If you are considering a will challenge, strict time limits can apply.  Here are the key steps to take next:

1. Act Quickly and Seek Early Legal Advice

Contesting a will involves strict time limits, especially if you may later bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which has a six-month deadline from the date probate is granted. Early advice helps you protect your position and prevents assets from being distributed before issues are resolved.

2. Lodge a Caveat (If Appropriate)

A caveat stops the Probate Registry from issuing a grant of probate. This temporarily pauses the estate administration while you investigate the will and gather evidence.

A caveat is especially useful if:

• You suspect the will is invalid
• You need time to obtain a Larke v Nugus response
• You want to prevent assets from being distributed too soon

3. Send a Larke v Nugus Request

Your solicitor can draft a formal request that asks the will-drafter for their file and a detailed statement about the circumstances in which the will was created. The response can determine whether your challenge has strong grounds.

4. Gather Supporting Evidence

Useful evidence may include:

• Medical records
• Statements from witnesses
• Prior wills
• Financial records
• Correspondence involving the testator

Your solicitor will help you identify what evidence is needed based on your grounds for challenge.

5. Attempt Early Resolution Where Possible

Many will disputes resolve without going to trial. Early negotiation, mediation, or correspondence between solicitors can often produce a settlement that avoids the emotional and financial cost of litigation.

6. Go to Court If Necessary

If settlement is not achieved, your solicitor can pursue a claim in court to challenge the validity of the will. Litigation is a last resort but sometimes unavoidable.

Why You Should Use a Specialist Contentious Probate Solicitor

Challenging a will is one of the most complex areas of law. It involves strict rules of evidence, case law, and often emotionally charged family circumstances

Consulting a specialist contentious probate solicitor offers significant advantages:

Expert Knowledge of Will Validity Law

They understand the legal tests for capacity, undue influence, knowledge and approval, and proper execution – each of which requires precise evidence.

Experience with Larke v Nugus Requests

Specialists know how to draft effective requests, challenge incomplete replies, and interpret will files to uncover potential issues or red flags.

Skilled Evidence Gathering

They know which documents, records, and witnesses will strengthen your case.

Strategic Guidance

They can assess the strengths and weaknesses of your claim early, helping you make informed decisions.

Stronger Negotiation

Their experience in settlement discussions and mediation often results in better outcomes without the need for trial, which can significantly reduce time and costs as well as stress.

Courtroom Expertise

If litigation becomes necessary, they are familiar with the procedural rules and can represent you effectively.

How Can We Help Today?

A Larke v Nugus request is one of the most powerful tools available when challenging a will in England and Wales. It provides essential insight into how a will was prepared and can uncover key evidence that determines whether the will is valid.

If you believe a will does not reflect the true wishes of the person who died, taking early action is vital due to strict time limits and to obtain evidence before it is lost or mislaid.

 So, if you need some help today, get in touch with us now on 0330 818 0351 or complete our online contact form.