It is said that Will disputes and disagreements over inheritance, often referred to as contentious probate, are becoming increasingly common. Factors contributing to the rising trend in will disputes are thought to be down to:
- Shifting family dynamics – including changes in family structures and blended families or second marriages.
- Impact of an ageing population – matters including mental capacity challenges as conditions like dementia increase are likely to be a leading factor in disputes over will validity. Cases involving undue influence, fraud, or coercion are also rising.
- Greater awareness of litigation – there is a greater awareness regarding estate claims spurred by media stories and the accessibility of legal information online.
Read our previous article for further information: Another Rise in Will Dispute Claims.
If you need to bring or defend a Will dispute claim, it may involve something known as a Larke vs Nugus Request.
What Is a Larke vs Nugus Request?
A Larke vs Nugus request is when a formal letter is sent to the solicitor or Will writer who prepared a disputed Will, requesting detailed information (in the form of a statement) regarding the circumstances surrounding the drafting of the Will. Typically, this includes asking for information regarding:
- The testator’s–who drafted the Will–mental capacity
- Estate distribution instructions provided by the testator, including any specific wishes
- Details regarding the discussions about the Will’s content and its execution
- Ask for information about who was present at any appointments
- Requesting copies of the legal professional’s case file and attendance notes
The response from the Will writer is known as the Larke vs Nugus response or a Larke vs Nugus statement. However, the Will writer has a duty of confidentiality and may have to seek the consent of the deceased’s personal representative(s)–normally the executors–before releasing any documentation or files.
Why are Larke v Nugus Requests Helpful?
A Larke vs Nugus request can help clarify how a Will was drafted and the circumstances surrounding how the instructions were provided. Consequently, the information obtained from these requests plays a key role in determining the validity of a Will and whether it could be contested.
How do you make a Larke v Nugus request and dispute a Will?
Anyone looking to challenge the validity of a Will or who would benefit from that Will being overturned is eligible to make a Larke v Nugus request by seeking out who helped draft the Will. However, the process of challenging a Will is not that straightforward. These matters can be highly complex, and reviewing case file information is best done by an experienced and regulated legal professional with specialist knowledge of contentious probate and inheritance act laws.
Specialist Contentious Probate Lawyers Kingston
Our specialist Wills and Probate team are experienced in helping clients make or defend a dispute against a will or estate administration.
Sally-Ann Joseph is an Associate Member of the Society of Trust & Estate Practitioners, and the firm is regulated by the professional governing body, the Solicitors Regulation Authority, so you can be confident that the advice you receive will be tailored to your specific requirements.
Read some of our previous articles, which cover similar and related topics:
- Increase in dementia diagnosis highlights the importance of Lasting Powers of Attorney
- Navigating Trust Disputes: Most Frequently Asked Questions
- Research Warns of Inheritance Risks in Blended Families
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
