A Larke v Nugus request is the primary tool for anyone contesting a Will in England and Wales. It forces the solicitor who drafted the Will to explain the circumstances of its creation. In 2025, new Law Society Guidance and a £750 cost-cap have made these requests more powerful, helping beneficiaries spot signs of dementia or undue influence that are hidden in the solicitor’s private attendance notes.
The Power of the Attendance Note
When a solicitor meets a client to write a Will, they are required to take “Attendance Notes.” These notes are the most critical evidence in a probate dispute. They record:
Who was in the room? (If a beneficiary was present, it suggests Undue Influence).
Was the “Golden Rule” followed? (Did the solicitor call a doctor to check capacity?).
What were the “Disinheritance Reasons”? (If the notes don’t explain why a child was left out, the Will is vulnerable).
The 2025 Larke v Nugus Modernization
Historically, solicitors often “stone-walled” these requests, claiming client confidentiality. In 2025, the courts have taken a “zero tolerance” approach to this. Under the Solicitors’ Code of Conduct 2025 update, failing to provide a full Larke v Nugus statement within 21 days is considered professional misconduct.
The “Section 122” Escalation
If a solicitor refuses to cooperate, you no longer have to wait for a full court trial. You can now apply for a Section 122 Order (Administration of Justice Act 1970). This summons the solicitor to court to be questioned by a judge about the location of the file. In 2025, the costs of this application are almost always pushed onto the solicitor personally if they were being “unreasonably obstructive.”
The “Golden Rule” Check (2025 Standard)
A major focus in 2025 litigation is whether the solicitor followed the Golden Rule. This rule states that if the testator is elderly or ill, the solicitor must obtain a medical report. If your Larke v Nugus response shows the solicitor “didn’t think it was necessary” despite the client having a dementia diagnosis, the Will is effectively “dead on arrival” in court.
Let’s Do This Together
Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.
To our team, this process is not about winning; it’s about claiming what was yours from the beginning.
Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com
FAQs
1. Can the solicitor charge me for the file?
Yes. In 2025, the High Court has indicated that a fee of £750 + VAT is “reasonable” for a full statement and copies of the file. You should pay this “under protest” if you think it’s too high, but do not let it delay the disclosure.
2. What if the solicitor has destroyed the file?
Solicitors are generally required to keep Will files for 6 years after the death. If they destroyed it early, they have committed a breach of the SRA Rules, and the “Presumption of Regularity” of the Will may be lost.
3. Can a “DIY Will” be subject to a Larke v Nugus request?
No, because there is no solicitor. This is why DIY Wills are so much easier to challenge in 2025—there is no professional “shield” or attendance note to prove the person was of sound mind.
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Frequently asked questions.
Can A Will Be Contested?
Yes, a will can be contested if there are valid legal grounds to challenge its validity.
What are the different Types of Trusts?
There are several types of trusts used in estate planning, each serving a different purpose depending on your goals.
What are Examples of Inheritance Trust disputes?
Breach of Trust: Mismanagement of assets by the trustee.
Trustee Removal: Conflicts leading to the removal of a trustee.
Interpretation: Disagreements over the trust’s legal wording.
Undue Influence: Pressure on the creator to change trust terms.
Financial Claims: Beneficiaries claiming they haven’t received their fair share.
What’s the difference between contesting a will and contentious probate?
Contesting a Will:
This specifically refers to challenging the validity of the will itself.
Common grounds include claims that the deceased lacked mental capacity, the will was forged, or they were under “undue influence” when signing it.
Contentious Probate:
This is a broader term that covers any dispute arising after someone’s death during the administration of the estate.
Do I have to go to court to contest the probate?
No, you do not always have to go to court. Most probate disputes are resolved through:
Mediation: A professional mediator helps both sides reach an agreement without a judge.
Negotiation: Solicitors from both sides negotiate a fair settlement privately.
Settlement Agreements: A legal contract is signed to end the dispute outside of court.
Court as a Last Resort: Litigation is only used if all other attempts to settle fail.
