If you’re involved in a dispute over a will, you may come across the term Larke v Nugus request. But what exactly is it, and why is it important?
What is a Larke v Nugus Request?
A Larke v Nugus request letter is a formal letter sent to the person who drafted a will- usually a solicitor or will writer- requesting information about how and when the will was prepared and executed. The request is based on legal principles established in the case of Larke v Nugus (1979) 123 SJ 327 and can be a crucial step in understanding the circumstances around a disputed will.
Who Can Make a Larke v Nugus Request?
This type of request is typically made by someone with a legal or beneficial interest in the estate, particularly if there are concerns about the validity of the will or suspicions that it may have been made under undue influence, fraud, or without proper capacity.
While the person receiving the request isn’t legally obligated to respond, refusing to provide information may result in adverse cost consequences if the matter proceeds to court.
What Should You Consider Before Responding?
If you’re a solicitor or professional who has received a Larke v Nugus request, it’s important to carefully assess the following:
- Is the testator still alive? If so, there is a continuing duty of confidentiality that must be respected.
- Does legal privilege apply? Professional legal privilege survives the death of the testator and must be considered before disclosing any information.
- How serious is the claim? Evaluate the nature and merits of the dispute before responding.
- What are the risks of non-disclosure? Failure to provide a response may lead to negative inferences in court.
- What impact could disclosure have on the beneficiaries? Consider the potential consequences for those named in the will.
Why a Response Can Be Crucial
A well-drafted response often provides pivotal evidence in will disputes. It helps clarify the circumstances around the will’s creation and can be instrumental in avoiding drawn-out, expensive litigation.
How Prosperity Law Can Support You
Whether you are:
- Considering a will challenge
- Responding to a Larke v Nugus request
- Concerned about the validity of a will
Our Dispute Resolution Team, headed by Paul Magee, offers expert advice and flexible fee arrangements to suit your needs. Get in touch on 0161 667 3686 or paul.magee@prosperitylaw.com.
