IPW Autumn Journal 2026 (8) - Flipbook - Page 11
Have I documented any discussions regarding previous wills and
the reasons for any changes?
Have I recorded who was present at our meetings?
Have I documented capacity considerations?
Have I documented how the client communicated their will
instructions?
Have I recorded how the provisions of the will were explained to the
client?
Have I clearly recorded the execution process?
If the answer to each of these questions is "yes", you are already
putting yourself in the strongest possible position should a request
arise in the future.
Final Thoughts
Strong will files are built at the outset, not reconstructed years later
when a dispute arises. Detailed attendance notes, clear records of
testamentary capacity, a transparent drafting history, and thorough
execution records all help tell the story of how the will came into
existence.
By developing consistent file management habits now, willwriters can
significantly reduce the stress, time and cost involved in responding to
a future Larke v Nugus request and, most importantly, help ensure that
your client's testamentary wishes are upheld.
If you receive a Larke v Nugus request and would like assistance
preparing a response, our Contentious Probate team at mfg Solicitors
would be happy to review the request, consider the appropriate scope
of any response, and support you through the process with
confidence.
