In cases where the validity of a Will is being challenged, a Larke V Nugus request can be made. A Larke v Nugus statement is a declaration provided by the person who drafted the Will (often a solicitor, but it will include Will writers and paralegals) offering detailed information about the circumstances surrounding its preparation and execution.
It originates from the legal principles established in the case of Larke v Nugus [1979]. This is where the Court emphasised the importance of transparency in resolving disputes regarding the validity of a Will early and cost-effectively.
What is a Larke V Nugus Request?
A Larke v Nugus request examines the validity of a Will, addressing concerns like testamentary capacity (the mental capacity to make a Will) or undue influence.
Typically, it requests details about:
- The solicitor’s interactions with the deceased.
- The process of drafting the Will, including discussions, meetings, and attendance notes.
- Any signs of confusion, ill health, or suspicious circumstances.
- Execution of the Will and presence of witnesses.
- Previous Wills and significant changes, if any.
Supporting documents are often accompanied by a request for the person who drafts the Will’s file of papers related to the Will.
What Are The Responsibilities Of The Person Who Drafted The Will When They Receive A Larke v Nugus Request?
The person who drafted the Will must seek the Executor’s consent before responding to the request. This is to ensure they do not disclose any information improperly and full discretion is upheld. After obtaining consent, the response must balance transparency with compliance with GDPR regulations and professional conduct rules, following the Law Society’s guidance. Additionally, the person who drafted the Will should disclose any fees upfront to prepare the Larke V Nugus statement.
What Happens If The Person Who Drafted The Will Declines To Respond To The Request?
If the person who drafted the Will declines to respond, the following legal actions are possible:
- Under section 122 of the Senior Courts Act 1981, the court can force the Will writer to provide evidence regarding the Will.
- Rule 31.16 of the Civil Procedure Rules means a pre-action disclosure application can be provided, making it mandatory to release relevant documents.
While a Larke V Nugus request is primarily focused on Will validity, it may overlap with claims under the Inheritance (Provision for Family and Dependants) Act 1975, especially when disputing the exclusion of a beneficiary.
A Larke v Nugus request promotes fairness and reduces unnecessary litigation. This is done by clarifying the circumstances surrounding the creation of the Will. This tool is crucial for challenging the validity of a Will. It helps to gather detailed information about its preparation before deciding whether or not to pursue a challenge.
If you are looking to make a Larke V Nugus request, our team have the experience and knowledge to help. We can help with the drafting of the request or going through the legal process.
Get in touch with our team today on 0333 004 0272 or book a free consultation here.
