In challenging the validity of a loved one’s Will, the first step would be to send a request for further information (known as a ‘Larke v Nugus Request’) to the solicitors that prepared it.

Following the case of Larke v Nugus [2000] WTLR 1033, this request seeks a statement of information from the Will drafter regarding the circumstances under which the Will was produced and executed.

Generally, a solicitor must not disclose any information without the consent of the executors. However, this is not necessarily the case where a solicitor is requested to disclose information about a Will which they have drafted as it is in dispute.

What happened in Larke v Nugus?

This was a Court of Appeal case in which the validity of a Will was challenged on the grounds of undue influence. The Claimants initially made requests for information to the solicitors who drafted the Will, but the information was never provided.

The Court of Appeal held that to take all steps in avoiding litigation, the requested information should be provided to the Claimants ‘where a serious dispute arises as to the validity of a will, beyond the mere entering of a caveat and the solicitor’s knowledge makes them a material witness…’ .

Is there a duty to respond to a Larke v Nugus Request?

There is no duty to respond to a Larke v Nugus request. However, there is a duty to avoid litigation, and responding to a request often does avoid it.

It should be considered that where no statement is provided, the requesting party can issue witness summons compelling the Will drafter to provide evidence, which will likely cause more significant inconvenience to all parties.

How should you respond to a Larke v Nugus Request?

If a solicitor chooses to respond to a Larke v Nugus request where they are not a named executor, it is good practice to state that you are only prepared to respond to the request where the executor consents to the disclosure.

If a solicitor chooses to respond to a Larke v Nugus request where they are a named executor, they should provide the requested statement and copy documentation. The information should extend to the preparation of the Will and the way in which it was executed.

Can a solicitor charge for the preparation of a Larke v Nugus Response?

The SRA Code of Conduct states that when charging those that made the request for the preparation of a Larke v Nugus Statement, charges should be reasonable in accordance with your duty to treat others fairly under paragraphs 1.1 – 1.4 of the code.