Q&As

With ‘Larke v Nugus’ usually being relied upon by beneficiaries to obtain information about the preparation and execution of a Will, is an executor able to rely on the same authority where they do not believe the Will reflects the testator’s wishes/instructions?

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Last updated on 27/08/2021

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • With ‘Larke v Nugus’ usually being relied upon by beneficiaries to obtain information about the preparation and execution of a Will, is an executor able to rely on the same authority where they do not believe the Will reflects the testator’s wishes/instructions?

With ‘Larke v Nugus’ usually being relied upon by beneficiaries to obtain information about the preparation and execution of a Will, is an executor able to rely on the same authority where they do not believe the Will reflects the testator’s wishes/instructions?

In Larke v Nugus, later reported in [2000] WTLR 1033, the Court of Appeal said:

‘Where a serious dispute arises as to the validity of a will beyond the mere entering of a caveat and the solicitor’s knowledge makes them a material witness, then the solicitor should make available a statement of

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Key definition:
Execution definition
What does Execution mean?

Execution, in the context of contracts, is the means by which a party enters into a contract or deed by sealing or signing it, and by doing so gives it effect in law. It can be done in some cases by electronic means.

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