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Larke v Nugus Request

Also known as: Larke v Nugus Statement, Will File Request

Definition

A Larke v Nugus request is a formal letter to the solicitor who drafted a disputed will, asking for details about how it was prepared and whether the deceased had capacity and understood its contents.

This pre-litigation disclosure tool can reveal crucial evidence that makes or breaks will challenges, potentially saving tens of thousands of pounds in litigation costs.

What Does Larke v Nugus Request Mean?

Named after the 1979 Court of Appeal case Larke v Nugus [1979] 123 SJ 327 (also reported as Re Moss [2000] WTLR 1033), a Larke v Nugus request is a formal letter sent to the solicitor who prepared a disputed will, seeking a detailed statement about the circumstances surrounding its preparation and execution, plus a complete copy of the will file. The Court of Appeal established that where serious concerns exist about a will's validity, the solicitor should make available their evidence to facilitate early resolution and avoid costly litigation.

The request asks for information only the solicitor can provide: contemporaneous notes of all meetings, who was present when instructions were given, evidence of the deceased's understanding and mental capacity, reasons for changes from previous wills, and any concerns about undue influence. These notes often contain the only reliable evidence of the deceased's mental state and freedom from pressure at the time of making the will.

Anyone with a legitimate interest in challenging a will can make a Larke v Nugus request. While solicitors have no legal obligation to respond, the court strongly encourages disclosure. Solicitors who refuse without good reason risk adverse costs orders if litigation proceeds. They need the executor's consent to disclose the file, as confidentiality passes to the executor on death.

Making a Larke v Nugus request before expensive litigation is crucial. Will challenges typically cost £50,000 to £150,000. A request costing a few hundred pounds can reveal whether the case is weak (avoid catastrophic costs) or strong (strengthen negotiation). However, these requests are specifically for investigating will validity—testamentary capacity, undue influence, lack of knowledge and approval, fraud, or forgery. They're not appropriate for Inheritance Act 1975 claims, which challenge distribution rather than validity.

Common Questions

"When should I make a Larke v Nugus request?" Make a request before starting court proceedings, typically when you suspect testamentary capacity issues, undue influence, or lack of knowledge and approval. The solicitor's statement can reveal crucial evidence, helping you assess whether you have a strong case or should abandon the challenge, potentially saving thousands in litigation costs.

"Does a solicitor have to respond to a Larke v Nugus request?" No, solicitors have no legal obligation to respond. However, the court strongly encourages disclosure to avoid costly litigation. Solicitors who refuse risk adverse costs orders if the case proceeds to trial. They need the executor's consent to disclose the file, as confidentiality passes to the executor on death.

"How much does a solicitor charge to respond to a Larke v Nugus request?" Solicitors can make reasonable charges for preparing a statement and copying documents, typically covering administrative time and photocopying costs. The SRA Code of Conduct permits charging but requires fees to be reasonable. Most solicitors respond within 2-3 weeks, though complex files may take longer.

Common Misconceptions

Myth: Solicitors are legally required to respond to a Larke v Nugus request.

Reality: Solicitors have no legal obligation to respond. It's voluntary disclosure based on professional duty to facilitate dispute resolution, not legal requirement. However, solicitors who refuse without good reason risk adverse costs orders if litigation proceeds, which is why most do respond.

Myth: You can use a Larke v Nugus request to gather evidence for an Inheritance Act 1975 family provision claim.

Reality: Larke v Nugus requests are specifically for investigating will validity—testamentary capacity, undue influence, lack of knowledge and approval, fraud, or forgery. They're not appropriate for Inheritance Act 1975 claims, which challenge distribution rather than validity. Using them as a "fishing expedition" for 1975 Act claims may cause solicitors to refuse.

  • Will Challenge: The formal process of disputing a will's validity, with Larke v Nugus requests serving as a crucial preliminary investigative step.
  • Solicitor Will: Professionally drafted wills create a detailed paper trail that Larke v Nugus requests can investigate, unlike DIY wills.
  • Will File: The complete collection of documents and contemporaneous notes requested in a Larke v Nugus letter.
  • Testamentary Capacity: One of the most common grounds investigated through Larke v Nugus requests when questioning whether the deceased understood what they were doing.
  • Undue Influence: Another primary ground revealed through solicitor notes about who was present during meetings and how instructions were given.
  • Evidence: Larke v Nugus statements provide contemporaneous documentary evidence that is often the most reliable proof of the deceased's state of mind.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.