CareerIndustry NewsProbateLarke v Nugus – Information Request

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Its nature and effect?

Receiving a Larke v Nugus letter can seem rather scary but this short article should give further insight as to why they are sent, what you should do and what it all means.

A Larke v Nugus letter is sent when there is a dispute with a Will and the purpose of the letter is to gather as much information about the preparation and circumstances behind the creation of the Will as possible.

The Law Society in 1959 recommended that the Solicitor receiving the letter should prepare a statement for evidence containing the circumstances surrounding the execution and validity of the Will.

Information that should be provided in response to the Larke v Nugus include:

  • The relationship between the Will Writer and the Testator
  • Details on how the instructions were given and who was present at the time
  • Information on how mental capacity was established and documented
  • Earlier Wills, how does the new Will differ from earlier Wills and for what reasons
  • Whether the information provided to the testator was explained and understood
  • The execution of the Will, who was present and where it took place

This information should be supported by a copy of your contemporaneous notes or client file.

Scrutiny of this information will allow for an informed decision to be made as to whether there are any issues surrounding the validity of the document. It may sometimes be the case that after receiving this information the solicitors are satisfied that there is no case to answer. It is however necessary to provide a response to such a request.

 

If you are in doubt as to what to do or what is expected when you receive a letter about the validity of one of your Wills, you are entitled to contact the Society of Will Writers technical team for advice. This is a benefit of full membership.

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5 comments

  • Alan Cooper

    28th February 2017 at 4:10 am

    Hi

    When requesting a Larke v Negus statement from the solicitor who drafted the Will, does the requestor need to have grounds or suspicion that the Will maybe invalid to justify the request? i.e. The requestor is not on a ‘fishing expedition’ or being vexatious.

    Thanks Alan

    Reply

  • [email protected]

    28th February 2017 at 11:37 am

    Hi Alan,

    It is the solicitor who writes the letter and sends the request to a Will Writer, solicitor or Estate Planner. On receipt they should put their insurer on notice whether or not it may give rise to a claim.

    From our experience not every letter does give rise to a claim. It could be the case that a disgruntled beneficiary has instructed a solicitor to action a claim but it may amount to nothing (as you mention, a fishing expedition).

    Hope this helps.

    Reply

  • Adrian

    24th December 2017 at 1:45 am

    Hi,

    Upon receiving a Larke versus Nugus request do you have to seek permission from the executors before releasing the will fill?

    Best wishes

    Adrian

    Reply

    • [email protected]

      18th January 2018 at 12:52 pm

      Hi Adrian,

      No permission needs to be sought from the executors of the estate before responding to the Larke v Nugus.

      Kind regards,

      SWW Technical Team

      Reply

  • Bruce Adams

    25th January 2018 at 6:55 pm

    IAMAL but I believe the law society’s guidance is that the executors must grant permission – see for example: The Law Society http://www.gedye.co.uk/articles/up-with-the-larke/
    I’m not sure what would happen in the event they refused though.

    Reply

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