What is a LArke v nugus request?
It is becoming more frequent for disappointed beneficiaries or disgruntled family members to approach a solicitor to try and contest a Will, despite whether there are grounds for an enquiry or not. Cases involving disputed Wills very often feature a Larke v Nugus statement which is prepared by the Solicitor or Will Writer who originally drafted the disputed Will or witnessed its execution. These statements are frequently requested by the claimant’s Solicitor as evidence against the validity of a Will on the grounds of lack of testamentary capacity, undue influence, want of knowledge or approval, or forgery.
Larke v nugus requests are on the rise...
The number of people contesting a Will has dramatically increased. The rise may be attributable to the widespread publicity of the case involving Mrs Heather Illot which had been heard in the Court of Appeal in 2015. Mrs Illot was awarded part of her estranged mother's estate despite the mother leaving the majority of her £438,000 estate to three animal charities. This has led to would-be claimants mounting what could be called a 'fishing expedition', even when they have no real evidence to bring a case.
Receiving a Larke v Nugus request can be exceptionally time consuming and expensive and with a surge in contested Probate, the requirement for systematic record keeping or electronic storage has never been more important.
How we can help
With £1.3 trillion set to pass down the generations over the course of a decade, it is no surprise that inheritance disputes are on the rise. Countrywide Legacy has joined forces with Martin Holdsworth, Solicitor and director of IDR Law (who specialise solely in Inheritance Dispute Resolution) and has developed a Will Clarity Package. Unique to the legal industry, our Will Clarity Package helps to protect your business by reducing the risk of a successful challenge whilst also ensuring you are providing your clients with the best possible service.
With our Package, you can automatically generate:
- A Will Clarity Statement - A client’s Will only really describes WHAT they wish to do with their estate and doesn’t include any of their deciding factors or circumstances surrounding the Will drafting which could be questioned in the form of a Larke v Nugus request later. Our software automatically compiles a Will Clarity Statement which fully satisfies the WHY, WHEN and HOW when it comes to your client’s Will, their wishes and the surrounding circumstances. This can be electronically signed by your client, which helps protect your business by reducing the risk of a successful challenge whilst providing your clients with the best possible service.
- An Execution Statement - Our Will Clarity Package manages the entire execution process where you can automatically compile an Execution Statement, reducing your risk of any doubts on its validity. Documents which are not legal documents, are executed with e-signatures providing a comprehensive audit trail to refer to in the future.
- A Larke v Nugus Statement (charged per statement if required) - We all know when you receive a Larke v Nugus request, it is exceptionally time consuming to deal with, even if you have all the necessary information to hand and can remember everything that happened at the time! This is why we have created a brand new Will Clarity Package in conjunction with an experienced leading contentious probate Solicitor, allowing you to compile all the required information and complete a Larke v Nugus request, at the touch of a button. This means you are better prepared if a disclosure and statement request lands. There is no doubt that this will help reduce claims and problems for both you and your clients.
Manages Document Execution
Our Will Clarity Package manages the entire execution process. The Software has a dedicated section for executions that clearly details:
• Clients with documents waiting to be executed
• Clients with completed executed documents
Where possible, documents are executed with e-signatures providing an audit trail to refer to in the future. Also, if documents are sent by post or email to the client, the details of the instructions can be stored in the Software.