Larke v Nugus Letters: Making a Request and Responding
A Larke v Nugus letter asks the will drafter for information about the instructions, preparation and signing of the will. The reply can explain what happened, clarify concerns and help you decide what to do next.
Justin Patten helps people questioning a will and executors responding to enquiries, with practical advice, focused correspondence and agreed fixed fees.
This guide concerns estates in England and Wales.
I have concerns about a will
Find out what to ask, what records may help and how to assess the reply.
Making a request →I am an executor
Understand the enquiry, your role and the steps to take with the will drafter.
Responding to questions →I Have Concerns About a Will: Where Do I Start?
A late change, an unexpected beneficiary’s involvement or uncertainty about the signing may raise questions. Disappointment with an inheritance does not itself show that a will is invalid; identify the particular facts you want explained.
1. Identify the will and your interest
Record the date of the will, any earlier will or codicil you know about, your relationship to the deceased and how the outcome may affect you. Establish whether a Grant has been issued and retain any formal correspondence.
2. Set out the concern clearly
Prepare a short chronology. Separate what you saw or heard yourself from what others reported and what remains uncertain. Identify who holds relevant documents without altering originals or encouraging witnesses to agree an account.
3. Ask focused questions
The questions should follow the concern. They might address who gave instructions, who attended meetings, changes from an earlier will, how the contents were explained, the drafter’s assessment of understanding, or the signing arrangements. A targeted request is more useful than a list of allegations unsupported by facts.
4. Review the reply before deciding the next step
Compare the answers with available records. A reply may resolve the concern or identify gaps needing follow-up. It is evidence to assess, rather than a court decision that the will is valid or invalid.
For the different grounds and evidence involved, see our guide to questions about a will’s validity.
Need GP or hospital notes as well as the drafter’s account? Read obtaining and understanding the deceased’s medical records, including access rights, missing information and how Justin can help.
I Am an Executor: How Should I Handle the Enquiry?
A request is not proof that the will is invalid. A measured response can establish what is disputed and whether information will help resolve it.
1. Preserve the records
Keep the will, earlier versions, correspondence and relevant messages. Ask the drafter to preserve the preparation file. Record the Grant position and any deadline in formal papers.
2. Clarify who is being asked to do what
Identify the will and concerns raised. A request for the drafter’s account is different from a demand for the executor to answer from personal knowledge. Ask for clarification where the request is unclear.
3. Liaise with the drafter about disclosure
Confidentiality and legal privilege survive death, but established probate principles can permit appropriate disclosure. Check the authority and scope with the drafter; neither release of the entire file nor refusal of all information should be assumed appropriate. Executor consent is not the only possible basis for disclosure.
4. Keep your role clear
If you are also a beneficiary, distinguish your administration responsibilities from your personal interest. Obtain advice on an appropriate response before committing estate funds to a contested position. Your role may require investigation rather than simply defending the will.
The Law Society’s disputed-wills guidance explains the relevant disclosure considerations.
What Do Larke v Nugus and Addison v Niaz Show?
Larke v Nugus
In Larke v Nugus, the Court of Appeal took account of the failure to provide information about the will when deciding costs, even though the challenge failed. The practical lesson is that a constructive exchange of relevant information may avoid unnecessary proceedings. See the Law Society’s explanation of the decision.
Addison v Niaz [2024] EWHC 3124 (Fam)
The court criticised prolonged delay and an inadequate response from the will drafter and ordered her to pay the applicants’ costs of the application. A reply should address the actual questions and distinguish records made at the time from later recollection. The outcome depended on the facts; a late or incomplete reply does not automatically invalidate a will or produce a costs order. Read the judgment.
What if the Reply Is Late or Incomplete?
Identify the unanswered questions and ask whether the file is available, what further information can be supplied and when a substantive reply is expected. Allow for reasonable retrieval and review time. If a proposed charge or extensive document request is involved, clarify its basis and scope before incurring costs.
A focused follow-up is usually more useful than repeatedly sending the same demand. We can review what remains missing and advise whether further enquiries are proportionate to their likely value and cost.
Keep separate deadlines in view
A pending request does not suspend legal deadlines, stop a Grant being issued or replace a response to a caveat warning. A claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 is distinct from a will-validity challenge: the usual time limit is six months from the first grant of representation, and a later application requires the court’s permission. Read section 4. Mention any deadline when enquiring.
How Justin Patten Can Help
Whether you want answers about how a will was made or need help responding to concerns, Justin can review the available information, identify the questions that matter and advise on the next step.
- Advise whether a request is appropriate and prepare focused questions.
- Review a reply and identify material gaps.
- Advise executors on handling enquiries and liaising with the drafter.
- Prepare follow-up correspondence and pursue appropriate negotiation.
Need Advice on Where You Stand?
Dispute Assessment & Action Plan — £480 including VAT (£400 + VAT).
Review of up to 40 selected core pages concerning one principal issue, a 30-minute consultation and a two-page written Action Plan. Further work is separately agreed.
View the assessment and agreed scope →Already Need a Letter or Reply Reviewed?
Tell us what is required. Where the work is sufficiently clear, we can quote a fixed fee directly for preparing a request, reviewing a reply or helping with a response.
We agree the work and fee before you instruct us.
Discuss a fixed-fee instruction →You Can Enquire Before You Have Every Document
Briefly explain your role, the concern or request, whether there is a reply and any deadline. You do not need a complete document bundle before enquiring. We will explain which documents to send once the initial checks and arrangements are agreed.
Email Justin at advice@human-law.co.uk or call 01279 215580.
Are you a solicitor or will drafter seeking help with a request your practice has received? See our separate professional support offer.