Disputed Wills: Understanding Larke v Nugus Requests

When a loved one passes away, if someone is concerned that the Will is not valid, for example, if it doesn’t reflect their true wishes, or excludes family members without explanation, they may be entitled to ask for information around how the Will as made and the reasons why.

What is a Larke v Nugus request?

A Larke v Nugus request is a request for information surrounding the creation and execution of a person’s Will after they have passed away. It is made when there appears to be grounds to challenge the validity of a Will.

A request is made to the solicitor or will writer who prepared the Will and is usually made by those with a potential interest in disputing the Will, such as beneficiaries to the estate or relatives of the Deceased, who would have been entitled under a previous Will or intestacy.

The request will seek details of the circumstances in which the Will was prepared and signed, including details of the testator’s instructions and their capacity, in particular how it was assessed. Copies of any contemporary notes which explain why the Will was drafted in its terms and previous Will files can also be requested.

How do you respond to a Larke v Nugus request?

If you are executors or personal representatives of the deceased’s estate, and a Larke v Nugus request is made, it is best to take legal advice to determine whether or not there is a real challenge that merits the provision of a Larke v Nugus statement and the provision of supporting documents. Legal advice should also cover the potential negative cost consequences if you decide not to authorise a Larke v Nugus statement and the matter is pursued.

Whose authority is needed to respond to a Larke v Nugus request?

The executors or personal representatives are the only ones who can give authority. In some circumstances, for example, where the original instructions were given jointly by a husband and wife, the surviving spouse’s permission may also be needed.

If a Larke v Nugus request is refused, the court can order the person who prepared a Will and/or a person with possession of associated testamentary documents, to attend court and answer questions under oath. Likewise, the requirement for permission will generally be overridden if proceedings are issued and an order for disclosure is made.

Can a person making a request be charged?

If a solicitor prepared the Will and he is authorised by the executors or personal representatives to provide a Larke v Nugus statement, its provision be made conditional on the person making the request paying the solicitor’s costs of preparing the statement and documents. These charges should be agreed in advance of preparing the statement.

How can Redkite help you?

If you have received a Larke v Nugus request or you have concerns regarding the validity of a Will, then please get in contact with our leading team of experts here at Redkite Solicitors.

Our friendly team of experts in our Wills, Trusts and Estate Disputes Department are here to help and support you at every step of the way.