A Larke v Nugus request can be made where there is a dispute or anticipated dispute in relation to a will. In brief; a Larke v Nugus request is a request made to a will writer asking them to provide information about the deceased’s instructions and the circumstances surrounding the preparation of the will.  This blog won’t go into detail of what should be included in such a request, but instead I will explore the potential consequences of rejecting a Larke v Nugus request.

Client confidentiality

Commonly a Larke v Nugus request will include a request for a copy of the file from the solicitor that prepared the will that is contested. Once the request is received, the solicitor holding this information needs to tread carefully (the Law Society has good practice guidance for responding to a Larke v Nugus letter).

The request engages a solicitor’s confidentiality obligations to their client. A solicitor is bound by client privilege and must gain their client’s consent to disclose to a third party any document created in the course of legal services (such as the will file).*

If the client is deceased (which is common in such cases as the client is the testator whose will and testament is being disputed!), the confidentiality obligations transfer to the personal representatives of the deceased.

Refusing to satisfy a Larke v Nugus request

On receipt of a Larke v Nugus request, the solicitor should consider its contents and report to the personal representatives of the deceased for consent to disclose the relevant information.

However, if the personal representatives refuse consent, the solicitor should advise them of the potential issues that could arise.

There is a possibility of a costs order being made against the personal representatives, even if they are successful at trial, if they do not give consent to disclosure. This stems from the overriding objective, and that the main aim of a Larke v Nugus request is to prevent lengthy and costly litigation which could have been avoided or greatly reduced if all relevant information (such as the will file) was disclosed to all parties in the pre-action correspondence (before the claim is made). A costs order made against the personal representatives may mean they bear the legal costs of the opposing party – no matter the outcome of the case**.

Personal representatives should also bear in mind that the court can order them to disclose testamentary documents relating to the will, as these are likely to be material evidence to the claim. 

If you have received a Larke v Nugus letter and wish to obtain legal advice, or if you wish to make a Larke v Nugus request, or if you want to find out more information, please contact a member of our Dispute Resolution team on 01494 521301.

*That being said, a will is a public document once grant of probate has been obtained.

** Note the court has complete discretion when it comes to making costs orders.