I have been asked to provide a Larke v Nugus statement where I am an executor who prepared the will.
I understand that I am able to charge for doing so and that any charges must be reasonable (although that is not defined) but do not have to be limited to the administrative costs of copying / collating the file
I wondered if in practice if anyone had an idea of how much a reasonable charge would be or what they had managed to charge in practice?
On the few occasions I have been involved with a Larke v. Nugus statement, the requesters have generally viewed its provision as a “duty” for which no recompense is required. I suggest you might see if a “reasonable” cost can be agreed before providing the statement. Their response might also help inform you as to their attitude generally over the administration of the estate should “your” will be upheld and they/their client have a continuing interest in the estate.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
There is a guidance note on the Law Society’s website relating to this:
https://www.lawsociety.org.uk/en/topics/private-client/disputed-wills
As Paul has mentioned, agreeing the reasonable fee beforehand with those requesting seems very sensible.
Steve Carter
Consultant Solicitor
Setfords Solicitors