Disputed wills: Guidance for practitioners

If a will you have prepared is disputed, you may be asked to disclose information about the circumstances surrounding its preparation and execution.

Our advice on good practice on this issue was taken into account by the Court of Appeal in Larke v Nugus (1979) 123 SJ 337 (later reported in (2000) WTLR 1033) in relation to the issue of costs in a probate action. 

This practice note explains that advice and provides supplementary information on disclosing such information and the consequences of failing to do so.

It also addresses the risks associated with acting in a dispute, and protecting the estate pending the resolution of the dispute.

This practice note is the Law Society’s view of good practice in this area, and is not legal advice. For more information see the legal status.