Larke vs Nugus requests when challenging the validity of a will

A Larke v Nugus request is sent to solicitors who drafted the will of the deceased. The letter asks specific questions to try and understand the circumstances surrounding drafting the will. Larke v Nugus requests are typically made when you are looking to contest the validity of a will and need evidence to support your claim.

The will itself doesn't contain any notes from the solicitor. By making a Larke v Nugus request you can gain access to the solicitor file where this information may be available. This could include details about the deceased's mental capacity, whether they understood the implications of the will, and whether it is believed anyone was influencing them.

The request is usually sent as a letter to the solicitors who prepared the will, asking them to provide a statement about the circumstances around the preparation and execution of the will. The solicitor's response is known as the Larke v Nugus response or statement.

Can solicitors charge for a statement?

A solicitor is entitled to charge reasonable fees for producing a Larke v Nugus statement. They may also charge reasonable photocopying charges for their file of papers. What is considered reasonable will vary from firm to firm but is generally less than £750 plus VAT.

The cost will depend on how much work is involved in reviewing their file and answering your questions. More complex requests that require detailed responses will cost more than straightforward cases.

What was the judgment in the Larke v Nugus (1979) case?

The case of Larke v Nugus (1979) 123 SJ 337 established the legal principle that allows solicitors to provide information about disputed wills. Before this case, solicitors could not reveal information about their clients due to confidentiality obligations.

What information should be included?

A solicitor will typically provide their entire file relating to the preparation of the will. This usually includes:

1. Contemporaneous notes of all meetings and telephone calls
2. Confirmation of where meetings took place and who was present
3. How the instructions were given (telephone, home visit, etc.)
4. Whether the deceased was alone when giving instructions
5. How the provisions of the will were explained to the deceased
6. What steps they took to satisfy themselves about the deceased's capacity
7. Whether earlier wills were discussed
8. Who was present at the execution of the will

How do you make a Larke vs. Nugus request?

Anyone who has a legal interest in the dispute can make a Larke v Nugus request. You should contact a solicitor who specialises in will disputes before making the request, as each one needs to be tailored to the specific circumstances.

The request should ask specific questions that are relevant to your potential claim. It is certainly not a one-size-fits-all piece of work. A poorly drafted request may not get you the information you need to assess your case correctly.

For instance, a typical request might ask:

1. Did the deceased attend your office alone or was someone else present during the will preparation meetings?
2. What steps did you take to satisfy yourself that the deceased understood the contents and effect of the will?
3. Did the deceased give you any reasons for changing their previous will or excluding certain family members?
4. Were there any concerns noted about the deceased's mental capacity or any signs of confusion during your meetings?"

Why are Larke v Nugus requests beneficial?

Larke v Nugus requests can provide important information and documentary evidence that will either support your claim or show potential weaknesses in your case. The evidence you obtain is often not available anywhere else and can be crucial in determining whether you have a strong case.

Knowing what evidence the solicitor will give at an early stage helps avoid costly litigation. The parties can assess the circumstances in which the will was prepared and get a better understanding of the merits of a claim.

You should make a Larke v Nugus request before starting court proceedings to challenge a will. The information may save you from pursuing a weak case or give you the evidence needed to succeed.

How much does a Larke v Nugus request cost?

The fees for drafting a Larke v Nugus request depend on the complexity and nature of your case. Your solicitor will charge for the time spent drafting the letter and reviewing the response.

The solicitor who prepared the will may also charge reasonable costs for responding. These charges depend on how much work is involved in reviewing their file and answering your questions.

There is no set timescale for a solicitor to respond. However, the Law Society guidance suggests a reasonable period of two to three weeks, or as long as it takes, to retrieve the file, consider the contents, obtain consent to disclosure, copy the file if necessary, and prepare the statement.

If you are considering contesting a will, you should obtain legal advice about the likely costs involved in making a Larke v Nugus request.