IPW Autumn Journal 2026 (8) - Flipbook - Page 10
Record the Execution Process Thoroughly
Execution is another regular focus of Larke v Nugus enquiries. Ensure
your file records:
The date, time and location of signing.
Who else was present.
Whether the client attended independently or was accompanied
by someone else.
The client’s presentation and demeanour at the appointment.
Any questions raised by the client before signing.
The names and details of witnesses.
Confirmation that the will was executed correctly.
Any explanations given to the client before signing.
The more detail you capture at the time, the easier it is to recall events
later.
Keep Correspondence and Administrative Records Organised
A Larke v Nugus request will often seek copies of correspondence, draft
wills, covering letters and identification documents. Maintaining a
clear and consistent file structure makes documents easier to locate
and can significantly reduce the time and cost involved in responding
to a request.
A useful file structure might include:
Client engagement, ID and AML documentation.
Instructions and attendance notes.
Capacity and vulnerability assessments.
Drafting history and approvals.
Execution records.
Correspondence with the client and third parties.
Storage and retrieval records.
Think Ahead
Perhaps the best practical tip is to build common Larke v Nugus
enquiries into your will instructing process. Ask yourself:
Have I recorded how I came to be instructed and how long I have
known the client?
Have I recorded the client’s understanding that they were making a
will and that it would govern the distribution of their estate on
death?
Have I evidenced the client's understanding and approval of the
final draft?
