Latest Legal Update on Contesting Wills

If you’re involved in a Will dispute or wondering about the steps you can take to challenge a Will, the recent High Court decision in Addison & Anor v Niaz [2024] EWHC 3124 (Fam) is an important one to understand. It shines a spotlight on Larke v Nugus requests — a powerful tool that helps clarify whether a will was created properly and fairly.

Below we’ll break down what this case means for executors, beneficiaries, and anyone considering challenging a Will.

What Is a Larke v Nugus Request?

A Larke v Nugus request is a formal letter sent to the solicitor (or Will writer) who drafted a Will that’s now being questioned. This letter seeks detailed information about how the Will was created, including:

• Whether the person making the Will (the Testator) had the necessary  capacity
• What instructions were given to the solicitor
• Any discussions that took place before or during the Will’s signing

These requests help uncover the truth about the circumstances behind a Will — especially where there are concerns about undue influence, lack of capacity, or whether the Will truly reflects the testator’s wishes.

What Happened in Addison v Niaz?

In this case, the claimants — the Testator’s children — were concerned that the Will may not be valid. They suspected the Will had been made without the required capacity or as a result of undue influence.

To investigate, they sent a Larke v Nugus request to the solicitor who had prepared the will, Ms. Niaz. Unfortunately, she took four months to respond and provided only vague, limited information.

Because of the delay, the claimants had no choice but to take the matter to court. They asked the High Court to compel the solicitor to attend and provide a comprehensive explanation.

Key Issues Address by the Court

The High Court made it clear that solicitors must take Larke v Nugus requests seriously. The judge described the delay in response as “lamentable” and found the written explanation to be inadequate.

Some key takeaways from the case:

• Timely and Detailed Responses Are Essential

Solicitors must respond to these requests promptly and with all relevant information. Delays or vague answers only increase costs and frustration for families.

• Inconsistencies Will Be Scrutinised

The solicitor’s written response did not match what she later said in court. That inconsistency raised serious concerns and undermined her credibility.

• Legal Costs May Be Ordered Against Solicitors

Because of her poor handling of the request, the court ordered Ms. Niaz to pay the claimants’ legal costs — nearly £6,000.

• Balancing disclosure against confidentiality

The court clarified that while it’s good practice to get permission from the executors of the estate before responding, it’s not absolutely necessary. In most cases, solicitors are expected to cooperate with a Larke v Nugus request — and should be transparent, unless there’s a very strong legal reason not to.

Why This Case Matters to You

If you’re an executor, beneficiary, or someone concerned about a loved one’s will, this case highlights why early access to clear information is so important. It shows that:

• You can request details about how a will was prepared
• Solicitors must respond — and quickly
• Courts can step in if you’re being ignored
• Those who delay or obstruct can be penalised with costs

Whether you’re seeking answers or defending a Will, understanding your rights and options is crucial.

How Cartmell Shepherd Can Help

At Cartmell Shepherd, we understand how emotional and stressful contested probate situations can be. If you’re facing uncertainty over a loved one’s Will we’re here to guide you with empathy, clarity, and expertise.

Our team specialises in:

• Making and responding to Larke v Nugus requests
• Investigating testamentary capacity and undue influence
• Advising executors and beneficiaries in will challenges
• Navigating the court process when things escalate

If you would like more information about the issues raised in this article please contact Rebecca Armstrong on 01228 516666 or click here to send her an email.