Guidance on Contested Wills for Will writers in Essex
If you are a Will writer and one of your clients has raised a dispute – or a third party has contacted you about a Will you have prepared – it can feel outside the boundaries of your normal work. As a practitioner without professional indemnity insurance for contentious matters, you cannot handle the legal proceedings yourself, and nor should you need to. This guidance is designed to help you understand what is involved, what your responsibilities are, and how to refer your client to the right specialist clearly and without complication.
Are You Dealing With One of These Situations?
The enquiry is outside your scope – but you can help them take the right first step by referring them to a specialist.
You were promised property or assets that are not reflected in the Will
You may find yourself involved in a dispute about execution, capacity, or your drafting process – even if the claim is directed at the estate rather than at you.
If the Will has been declared invalid or there are deemed to be errors in drafting, you may require advice as to your professional liability.
What a Contested Will Means for You as a Will Writer
A Will becomes contested when its validity is challenged. As the person who prepared the Will, you may find yourself drawn into that process as a party with relevant knowledge and records. Here is what that means in practice.
Your attendance notes, correspondence, and records of how instructions were taken can become significant evidence. A challenge to the Will’s validity – whether on grounds of capacity, undue influence, or execution – will often prompt a request for your file. You should retain the entirety of your file if you become aware of a dispute and anticipate that a copy of such will be requested.
A Larke v Nugus letter is a formal request often sent at the initial stage of a contemplated dispute, asking you to provide information about the circumstances of the Will’s preparation and execution. While there is no statutory obligation to respond, failure to do so without good reason is noted by courts and can affect costs decisions. Seek guidance before responding – we can help with this.
If a Will you prepared is declared invalid due to a drafting error or failure to follow correct execution formalities, a professional negligence claim may arise. This underlines the importance of maintaining thorough records, following correct procedures, and holding appropriate indemnity cover. If you have concerns about your position, we are happy to discuss this confidentially.
Providing legal advice on contentious probate matters is a reserved legal activity. Referring your client to a regulated specialist solicitor is the right course of action – and the one that protects both your client and your professional position.
For a full explanation of the grounds on which a Will can be contested, see our dedicated guide on Contesting a Will.
What to Do When a Client Contacts You About a Will Dispute
If a client, beneficiary, or other party contacts you with concerns about a Will you have written – or simply asks you for advice on a dispute – here is how we recommend you handle it. Each step is designed to protect both your client and your professional position.
Explain clearly that contested Wills fall outside your services as a Will writer. Do not offer opinions on the merits of the dispute. Doing so could expose you to risk and may affect the outcome of any subsequent legal proceedings.
Do not delete or amend any records relating to the Will in question – including notes, correspondence, capacity observations, and the original instructions. These may become evidence.
You may receive a Larke v Nugus letter. You are generally expected to respond, and a failure to do so without good reason can be noted in costs decisions. We strongly recommend seeking guidance before responding as instructions will need to be taken from the personal representatives named in the Will.
We will make contact with your client promptly, acknowledge the referral, and handle the matter from that point. Our role is limited to the contested element.
If you are a member of the Institute of Professional Will writers or the Society of Will Writers, consider notifying them. If you hold professional indemnity insurance, check whether the circumstances require notification.
How We Work with Will writers
We work regularly with Will writers who refer contested Will enquiries to us. Here is what you can expect from the process.
We acknowledge every referral: We confirm receipt promptly and keep you informed at key stages – you won’t be left wondering what has happened.
We protect your client relationship: Our role is to resolve the disputed matter. We do not seek to take over or expand the relationship beyond the contentious instruction.
We explain costs clearly: We provide clear information on fees and funding options from the outset.
We handle all types of Will dispute: From straightforward validity challenges to complex Inheritance Act claims and multi-party contentious probate matters.
We are Essex-based: Our offices in Brentwood and Romford mean we are genuinely local. Clients can meet us in person.
Why Will writers in Essex Choose Mullis & Peake
Martyn Trenerry and William Cook are specialists in contentious probate and Will disputes, with experience across the full range of contested Will scenarios – from capacity challenges to large estate litigation.
Based in Brentwood and Romford.
We work confidentially, professionally and cooperatively with Will writers. Our aim is to resolve matters efficiently and without unnecessary conflict.
We give honest, proportionate guidance on the merits of a case and what to expect – so your client knows where they stand from day one.
Frequently asked questions
No. Providing legal advice on contentious probate matters is a reserved legal activity in England and Wales. Unless you are a regulated solicitor, you are not permitted to advise on these matters. Doing so could constitute an offence under the Legal Services Act 2007. Refer the enquiry to a solicitor immediately.
A Larke v Nugus letter is a formal request asking you to provide information about the Will’s preparation. While there is no statutory obligation to respond, failure to do so without good reason is noted by courts and can affect costs decisions. Contact us before responding – we can advise on the right approach.
Potentially, yes – if a Will you drafted is declared invalid due to an execution error or drafting mistake. This underlines the importance of thorough attendance notes, correct execution procedures, and appropriate indemnity cover. If you have concerns about your position, we are happy to discuss this confidentially.
Yes. Inheritance Act claims must generally be brought within six months of the grant of probate being issued. Challenges to validity have no fixed time limit but delay can prejudice a case. If your client is considering a claim, early legal advice is important. See our full guide on time limits for contesting a Will.
Useful details include: the client’s name and contact information; a brief description of the dispute; whether probate has been applied for or granted; any known deadlines; and your own contact details. Our referral form captures all of this – you do not need all the answers before making contact.
Yes. We work with Will writers and their clients across Essex – including Upminster, Hornchurch, Havering, Billericay, Chelmsford and Ingatestone – and remotely where that is more practical.
Contact Our Contested Wills Team in Essex
If you’re a Will writer in Essex who needs to refer a contested Will matter, or if you simply want to speak to our team about how we can support your practice, get in touch today. Martyn Trenerry and William Cook are available for an initial conversation at no cost.
Brentwood: 01277 245015 | Romford: 01708 784000
Refer a Client to Our Contested Wills Team
"*" indicates required fields