Can I charge for time spent preparing a Larke v Nugus statement?

I prepared a will for a client two years ago and was appointed sole executor. When she passed away, I received a Larke v Nugus request from a firm acting for one of her sons who’s excluded from the will. Can I charge for time spent preparing the statement?

The SRA Code of Conduct for Solicitors, RELs and RFLs and the SRA Code of Conduct for Firms do not prohibit charging for the preparation of a Larke v Nugus statement.

Your charges should be reasonable, in accordance with your duty to maintain trust and act fairly.

It’s for you to decide whether it’s appropriate to charge for preparing the statement. A reasonable charge may also be made for photocopying.

You may wish to retain a record of correspondence relating to your charges for preparing a Larke v Nugus statement, as well as any agreement regarding how the charge will be paid.

For more information, see our practice note on disputed wills: guidance for practitioners.

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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