If a loved one has passed away and you do not think that their Will reflects their true intentions, you might explore contesting a will. You will usually need to obtain further information around the circumstances in which the Will was prepared and, if the Will was prepared by a solicitor or will writer, that will typically involve sending a Larke v Nugus request to them.
What is a Larke v Nugus request?
A Larke v Nugus request gets its name from a case in 1979 in which the Court made clear that where there is doubt as to whether a Will is valid and a professional drafted that Will, the professional should provide a statement of their evidence.
The Larke v Nugus request typically lists a number of questions which are put to the professional to clarify the circumstances in which the Will was prepared and it will often request a copy of the Will file.
Who can actually make a Larke v Nugus Request?
Any person who considers that they have the right to pursue a claim in respect of a Will can make a Larke v Nugus request. However, the chances of a professional refusing to provide a Larke v Nugus response or statement may vary depending on who the person requesting is, and whether there is any genuine potential claim to investigate.
Why should I make a Larke v Nugus Request?
A properly prepared response to a Larke v Nugus request will provide significant insight into the circumstances in which a Will was prepared. Whilst there will likely be other key evidence to obtain as part of a potential challenge to a Will, the evidence of the person drafting the Will is crucial. It will therefore assist the person making the request in making an informed decision as to how to proceed based on the information and evidence available from the Larke v Nugus response.
Should a professional respond to my Larke v Nugus Request?
This will depend on the circumstances of your case, however there is an expectation placed upon professionals that they will do whatever they can in order to assist the parties in avoiding litigation. That includes providing as much information to assist the parties, and therefore also includes a response to a Larke v Nugus request.
It is, though, important that solicitors are also mindful of any legal advice privilege or confidentiality obligations that are imposed upon them. Solicitors are strictly regulated and so acting in breach of any of those obligations, or without the appropriate consents, can come with serious sanctions. A solicitor is also not prevented from charging for their response to a Larke v Nugus request, though such charges must be reasonable.
A professional is not responding to my Larke v Nugus Request. What can I do?
As a drafting professional is likely to be a material witness providing key evidence in the matter, you may be able to ask a court to issue a witness summons. This would compel the professional to provide their evidence.
Alternatively, the court has a separate power to order that a party discloses certain documents where a dispute arises. Whilst similarly to the witness summons making that application will incur time and costs, it remains a helpful option where a professional is not forthcoming with information and documentation.
Ultimately if a solicitor is obstructive and refuses to provide information when they should, they can be ordered to pay the costs of any dispute. That can be irrespective of what the outcome of the dispute is.
Conclusion
The initial steps in a potential challenge to the validity of a Will are fundamental to preparing a case and making informed decisions as to how to proceed. It is therefore important to obtain as much information and evidence as comprehensively and as early as possible. Our experts in contesting a Will can guide you if you are challenging a Will and want to obtain further evidence. We can also help you if you want to defend a claim being brought by someone else in a Will dispute or alternatively if you require advice on a Larke v Nugus response as a professional will writer or solicitor.
