Many people feel uncertain when a loved one’s will appears suddenly, especially where it was a DIY will prepared privately without a solicitor. Questions often arise about whether the will is genuine, properly signed, or truly reflects the person’s wishes. Understanding how the law approaches these situations can help bring clarity and reduce anxiety at an early stage.
One area that often causes confusion is whether a Larke v Nugus request can be used when a will was made “behind closed doors”. This guidance explains how such requests work under UK law and what practical steps may be available.
Understanding the issue or context
A DIY will is usually one written without professional legal assistance, often using a template or handwritten format. While DIY wills can be valid, they are more likely to be challenged if concerns arise about signing, witnessing, or the circumstances in which the will was made.
When doubts exist, beneficiaries or potential beneficiaries may want more information about how the will came into existence. This is where Larke v Nugus requests are often mentioned, but their role can be misunderstood when no solicitor was involved.
The key issue is whether relevant information can still be requested to help clarify how the will was prepared and executed.
The legal rules or framework
A Larke v Nugus request comes from a court decision which established that, where a solicitor prepared a will, they may be asked to provide information about the circumstances of its creation if its validity is questioned.
The purpose is not to prove wrongdoing, but to promote transparency and reduce unnecessary disputes by clarifying matters such as:
- How instructions were taken
- Whether capacity was considered
- How the will was signed and witnessed
Where a will is a DIY will, there is no solicitor to respond to a traditional Larke v Nugus request. However, this does not mean concerns cannot be explored.
In practice, similar principles apply. A party challenging a DIY will may seek information or evidence from those involved in its preparation or execution, such as witnesses, family members, or others who were present at the time.
Practical steps to take
If you have concerns about a DIY will, the following steps may help clarify the position.
First, identify who was involved. This may include the witnesses, anyone who helped draft the will, or people present when it was signed.
Second, request information informally where possible. This can include asking witnesses about when and where the will was signed, and whether the person making the will appeared to understand what they were doing.
Third, gather supporting evidence. Documents, emails, drafts, or handwriting samples may help build a clearer picture of how the will was created.
Finally, consider whether formal legal steps are needed. If doubts remain, a solicitor can advise on whether court procedures, such as disclosure requests or witness statements, may be appropriate.
These steps are about understanding the facts, not assuming the will is invalid.
Common pitfalls to avoid
One common mistake is assuming that a DIY will is automatically invalid. This is not the case under UK law, provided the legal requirements are met.
Another pitfall is expecting a Larke v Nugus request to operate in exactly the same way as it does with solicitor-drafted wills. In DIY cases, the process is often less structured and relies more on factual evidence from individuals involved.
It is also important to avoid making accusations without evidence. This can escalate disputes and increase costs without providing clarity.
Frequently Asked Questions
Can a DIY will be legally valid in the UK?
Yes. A DIY will can be valid if it meets the legal requirements for signing, witnessing, and capacity.
Does Larke v Nugus apply directly to DIY wills?
Not directly. The original principle applies to solicitors, but similar information-gathering can be sought from others involved.
Who can be asked questions about a DIY will?
Typically witnesses, family members, or anyone who assisted with or observed the will’s creation.
Is challenging a will the same as asking for information?
No. Requesting information is often an early step to understand the situation before deciding whether to challenge the will.
Do I need a solicitor to raise concerns about a DIY will?
Not always at first, but solicitor input can help clarify options and next steps if issues remain unclear.
Will asking questions delay probate?
It can, depending on how matters progress, which is why early clarity is often helpful.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.