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Larke v Nugus Letter

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  • sdenny
    started a topic Larke v Nugus Letter

    Larke v Nugus Letter

    Hi,

    Can any one send a Larke v Nugus letter or is it only a Solicitor?
    Tags: None

  • Peridot
    replied
    Re: Larke v Nugus Letter

    Hi sdenny,
    As retired solicitor comments, anyone can make a Larke v Negus request. Did a solicitor prepare the Will you are thinking of contesting? If it was a DIY will then there is probably little point in making the request as it is unlikely there would be any paperwork or assessment carried out by a qualified person. The Law Society provides guidance for solicitors on how a request should be handled. Solicitors should make a statement outlining the circumstances surrounding the instruction and execution of the will to any party to probate proceedings or someone who has a reasonable claim against the will. I believe the Society of Will Writers also have similar guidance for such requests.

    You will need to set out in your letter that you are considering contesting the Will and in order to establish whether there is a potential claim you require a Larke v Nugus statement from them.

    You will need to ask for specific information and documentation which could include:
    How long the Solicitor had known the deceased.
    Who introduced the Solicitor to the deceased.
    The date the Solicitor received instructions from the deceased.
    Contemporaneous notes of all meetings and telephone calls, including confirmation of where the meeting took place and who else was present at the meeting.
    How the instructions were expressed.
    What indication the deceased gave that they knew they were making a will.
    Whether the deceased exhibited any signs of confusion, loss of memory or ill health.
    Whether and to what extent earlier wills were discussed and what attempts were made to discuss departures from the deceased's earlier will-making pattern; what reasons the testator gave for making any such departures.
    How the provisions of the will were explained to the deceased
    Who, apart from the attesting witnesses, were present at the execution of the will and where, when and how this took place.

    When providing a Larke v Nugus statement, the lawyer should not charge for time spent compiling the statement or documents although reasonable charges may be made for photocopying.

    If you do not receive a response then write again. If it became necessary to make an application to the Court then the fact that a solicitor has not complied with a Larke v Negus request will not do them any favours.

    I hope this is helpful.

    Leave a comment:


  • retired solicitor
    replied
    Re: Larke v Nugus Letter

    While you are waiting for Peridot to reply, I would answer that it is not only a solicitor who can write a Larke v Nugus letter. However, the receiving solicitor or will writer is likely to give far weightier consideration to the request if it comes from a solicitor. It is always down to the recipient of a Larke v Nugus letter to determine whether they consider it to amount to a bona fide request.

    Leave a comment:


  • Kati
    replied
    Re: Larke v Nugus Letter

    tagging [MENTION=85500]Peridot[/MENTION] xx

    Leave a comment:

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