Where a will is the subject of a dispute, A Larke v Nugus statement will usually come into use.
Such statements are usually prepared by the original solicitor who either witnessed the execution of the contested will or prepared it. They are commonly requested as evidence counter to the will’s validity in regards to want of approval or knowledge, undue influence, testamentary capacity or forgery.
The actual title of the statement originates from a case [Larke v Nugus [2000] WTLR 1033] which regarded the circumstances around a will’s instruction and execution. This ultimately determined the law on requests for information in this area.
In regards to information disclosure on a deceased’s will, prior to obtaining the Grant of Administration, access availability for the information should only be granted to the estate’s personal representatives. However, where a request for information is made to the solicitor who witnessed the will’s execution or prepared the will itself, this restriction on access should not apply if a dispute is raised.
Since 1959, the Law Society has recommended that should such an issue be raised, a statement should be made by the solicitor, detailing the instruction and execution of the will. This would then be passed on to any party to who has a reasonable claim against the will as well as any party to probate proceedings.
The case of Larke v Nugus supported this recommendation in 2000, now meaning that a request for information carries judicial weight.
A Larke v Nugus statement request may seek all or just some of the following documentation or information:
- For how long the solicitor had known the deceased
- Who introduced the solicitor to the deceased
- The date the deceased gave instructions to the solicitor
- Any detailed notes of all correspondence such as telephone calls and meetings, as well as evidence to support this such as receipts and witnesses
- How instructions were expressed
- Any detail which indicated the deceased was aware that they were composing a will.
- If the deceased showed any sign of loss of memory, confusion or ill-health
- The extent to which earlier wills were discussed and if any departure from a previous will-making process was discussed
> if this occurred, what were the reasons for doing so - How the will’s provisions were explained to the deceased
- What were the details regarding the will’s execution
> who was present, where and when it took place
When instructed to challenge a will’s validity, the firm of the respective solicitor will be contacted and asked to provide a Larke v Nugus statement along with a copy of their original file accompanying the will instruction.
The statement will often provide a very useful indication as to the strength of a validity claim. It will usually provide qualitative insight into the standard of advice given by the solicitor.
