The term “Larke v Nugus request” is used frequently when considering claims that challenge the validity of a will.
Larke v Nugus is a court case wherein a beneficiary of a will fell into dispute with the executor of the estate, because of the executor’s refusal to provide them with a copy of the will. This issue formed a formal dispute as an executor will always be provided with a copy of the will and it is their duty to provide copies of relevant estate documents to those who are entitled to them, upon request.
As a result of the case, we are now able to issue a request to the drafting solicitor for a copy of the will file and they are required to provide disclosure.
What does a Larke v Nugus request include?
- A copy of the solicitors will file including documents such as attendance notes with the testator and details of who made the appointments.
- A series of questions are issued to the drafting solicitor regarding the initial appointments, how instructions were given and how the testator executed the will, whether it be at home or in the solicitor’s office. This information is requested from the solicitor who drafted the will however if they are no longer employed at the same firm, a member of their wills team will generally provide answers on behalf of the firm after reviewing their file.
- Detail as to whether anyone else was in attendance with the testator when each step was undertaken.
Who can issue a Larke v Nugus request?
A Larke v Nugus request is used when a party is looking to challenge the validity of the will. In order to bring such a challenge, it is necessary for this party to benefit from the current will being overturned. This means that, for example, if the challenging party was due to receive £10,000 under the terms of the current will, but under a previous will they were due to receive £50,000, then they are set to benefit from the current will being deemed invalid. If however, the party does not stand to make a gain from the will being invalidated, then they are not able to pursue such a challenge.
As such, only persons set to benefit from the will being invalidated are able to issue a Larke v Nugus request.
Why is a Larke v Nugus request helpful?
When considering a validity challenge, it is useful to consider the circumstances of the instruction, drafting and execution of the will. It is also helpful to obtain a copy of the will file so as to map out a timeline of events surrounding the will and its drafting and execution.
If you are looking to pursue a validity challenge, evidence in support of your claim can sometimes be obtained from the will file. For example, the attendance notes may detail some confusion from the testator or forgetfulness in relation to earlier discussions or instructions which could assist in evidencing lacking mental capacity. An attendance note could also suggest that the testator was influenced by another party, noting overbearing involvement in instructions or in arranging meetings.
The copy will file gives us the necessary insight into how the will came to be.
Some solicitors will seek the authority of the executors before providing a Larke v Nugus response and this can sometimes result in slight delays but as a whole, files are disclosed upon request.
Do Larke v Nugus requests cost money?
Some firms will charge a fee for providing their response which is permitted. However, these costs must be reasonable. Some firms will look to charge for their time in reviewing the file prior to disclosure and some may only charge for photocopying expenses. The requested costs are considered on a case by case basis.
We have some more information in relation to validity challenges in our following blogs:
If you would like some advice on challenging the validity of a will, and issuing a Larke v Nugus request, please do get in touch. today on 0161 696 6178.
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