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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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