A Larke v Nugus request is a type of request that is often made when there are concerns regarding the validity of a Will. It involves asking the solicitor who prepared the Will in question to provide a statement setting out the circumstances and details surrounding the preparation of that Will, such as how the instructions for the Will were provided to them and who was present at the time that these instructions were given. Typically, it also includes a request for a copy of the solicitors Will file to see what contemporaneous documents might be available to support or alleviate these concerns.
For this reason, Larke v Nugus requests often prove to be an invaluable tool when investigating the validity of a Will and tend to be used frequently by practitioners at the outset of a matter. But where does this name come from?
Larke v Nugus [2000] WTLR 1033
The short answer to this question is that Larke v Nugus requests take their name from the landmark case that established this tool. In this case, the claimants had concerns that a Will made by the deceased was invalid and made requests of the solicitors who prepared the Will with regards to the circumstances surrounding its preparation. However, the solicitors failed to respond, and a claim was then brought in respect of this failure.
As part of their judgment in this claim, the Court of Appeal endorsed the recommendation made by the Law Society in 1959 that a testator's solicitor should make evidence available regarding the preparation of a Will if there is a dispute as to its validity. This practice is also recommended in the Law Society's most recent guidance on disputed Wills, which is unsurprising in circumstances where the information that can be obtained from a Larke v Nugus request has a significant number of benefits for all the parties involved in a dispute.
Benefits of a Larke v Nugus request
In particular, a Larke v Nugus request allows parties to:
- Uncover vital information: this includes crucial details about the making of the Will, such as; who provided the instructions for the Will, who else was present at the time that these instructions for the Will were given, and whether any concerns were noted regarding the deceased's capacity at the time at which they made the Will.
- Resolve disputes: Obtaining this information at an early stage of a dispute can often enable parties to resolve their concerns regarding the validity of a Will outside of Court, which can save them a significant amount of emotional distress, time and cost.
- Protect vulnerable individuals: In cases where there are concerns regarding the testator's capacity at the time at which the Will was made, Larke v Nugus requests can also help a party to ensure that a vulnerable individual's wishes were properly followed, understood and documented, and that they were not coerced in any way to making a Will in the terms that they did.
- Maintain transparency: Larke v Nugus requests also promote fairness and accountability, often reassuring beneficiaries and interested parties that a Will aligns with the testators' intentions.
For these reasons, Larke v Nugus requests are, and will most likely continue to remain, an extremely valuable tool used by practitioners in the realm of Will disputes, whether that be in connection with disputes surrounding testamentary capacity, undue influence or otherwise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.