A Larke v Nugus request is a written request for information concerning how a Will was drafted and executed and is provided by the solicitor instructed by the deceased to prepare the Will. It gets its name from the landmark 1979 case, where the court established that a solicitor who prepared a Will should provide certain information. Usually, there would be no obligation on the solicitor to provide this information.
The information provided in response can be invaluable in the assessment of whether there are sufficient grounds to contest the validity of a Will, and provide clarity at an early stage in a dispute.
Why should a Larke v Nugus request be made?
The usual grounds to challenge the validity of a will are:
- Undue influence;
- A lack of mental capacity
- A lack of knowledge or approval; or
- Concerns about how the Will was signed or witnessed.
A Larke v Nugus request can assist in providing insight into the circumstances surrounding the creation of the Will and whether there is any suggestion that any of the above grounds fit the circumstances. The person who prepared the Will may also hold important evidence about the deceased’s wishes, understanding and their state of mind. Obtaining this evidence early on in the process is important as it can help everyone involved make a properly inormed decision about next steps.
What kind of information can be requested through a Larke v Nugus request?
A A Larke v Nugus request usually comes with a list of questions. These questions depend on the circumstances, but requests commonly ask:
- How long the Will drafter had known the deceased?
- Who introduced the deceased to them?
- When and how instructions were given?
- Who was present during meetings or telephone calls?
- Whether contemporaneous notes were made?
- How the deceased expressed their wishes?
- Whether the deceased understood that they were making a Will?
- Whether they showed signs of confusion, memory loss or ill health?
- Whether earlier Wills and any significant changes were discussed?
- How the Will’s provisions were explained?
- Where, when and how the Will was signed?
- Who was present when it was signed?
In addition to the questions above, copies of any attendance notes, correspondence, draft Wills and any other relevant documents can also be requested during this process.
Closing Thoughts
When doubts arise around someone’s final wishes, leaving questions unanswered only lets uncertainty grow. A carefully prepared Larke v Nugus request can work towards getting certainty and bring transparency before a dispute escalates.
If you are concerned that a loved one’s Will may have been executed under undue influence, lack of capacity, or through improper procedure, you do not have to navigate that complexity alone. HGG Law can prepare and submit a carefully prepared and tailored Larke v Nugus request and analyse the response. We understand that these issues arise in what is often a very difficult time. Our role is not only to provide clear advice, but to also support you and help you understand your options throughout the process. Taking early advice can provide you and your loved ones the clarity and peace of mind you need.
