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10 June 2010 / Ashton Davies
Issue: 7421 / Categories: Features , Wills & Probate , Freedom of Information
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Not so confidential?

Ashton Davies outlines how to respond to information requests

One of the first steps to be taken by a party when conducting investigations into the validity of a will is to request information from the solicitor who was involved in the taking of instructions, the preparation and the execution of that will. These requests are increasingly common in light of the significant rise in contentious probate matters. Solicitors and will drafters can sometimes adopt a defensive position upon receipt of the request for information, but before doing so they should bear in mind the Law Society’s recommendation that the testator’s solicitor should make available a statement of his evidence regarding instructions for the preparation and execution of the will and the surrounding circumstances. This recommendation, made in 1959, was later endorsed by the Court of Appeal in Larke v Nugus [1979] 123 Sol Jo 337 and consequently these requests for information are commonly referred to as Larke v Nugus requests.

More recently the issue has been the subject of a specific Law Society Practice

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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