27 May 2009

Disputed Wills - new guidelines from the Law Society


Paul Hewitt

Partner | UK

The Law Society have published a practice note entitled ‘Disputed Wills’ the purpose of which is to offer guidance to solicitors who have been asked for information relating to a will which is the subject of a dispute and also how they should best preserve estate assets pending resolution of a dispute.

The note is a guide to good practice for solicitors who receive a request for information under the principles established in Larke v Nugus. If there is a dispute surrounding the execution and/or preparation of a will, it is usual to request documents and a statement from the solicitors involved in drafting the will, relating to those circumstances. The note encourages will draftsmen to reply in detail and within a reasonable time to any such request or suffer possible cost consequences further down the line.

The guidance also encourages steps to be taken to protect the assets and liabilities of an estate pending resolution of a dispute. This is particularly important during the economic downturn with falling prices in real property and stocks and shares.

For further information visit The Law Society website

Category: Article