Obtaining information about a disputed Will

10 August, 2016

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When someone close to you has passed away there are often questions relating to the circumstances surrounding the signing and/or preparation of their Will. So how can you obtain information about a will?

In the context of a Will dispute, you can ask the solicitor who prepared the Will to supply a statement, known as a Larke v Nugus letter. Amongst other things, the statement should include detailed information relating to:

  • The circumstances surrounding the signing of the Will.
  • The deceased’s state of mind at the time of signing.
  • The deceased’s knowledge and approval of the content of the Will.
  • The deceased’s instructions in relation to the preparation of the Will.

It is important to remember that to be recognised as a valid testamentary document, a Will must satisfy a number of standard requirements. If these requirements are not met then the Will may be invalid, meaning that the assets will be distributed in accordance with an earlier Will or under the intestacy rules.

For more information, see our earlier blog post ‘What are the requirements for a valid Will?’.

The information supplied under the Larke v Nugus request may support a challenge to the Will or reassure you that it was properly made without pressure or influence being exerted.

If you need advice on challenging a Will and obtaining information about a Will please contact Philip Youdan at philip.youdan@crippspg.co.uk. For further information about Will disputes and disputes involving trusts and estates please click here to view our Guide to Will Trust and Estate Disputes.