header-logo header-logo

Not so confidential?

10 June 2010 / Ashton Davies
Issue: 7421 / Categories: Features , Wills & Probate , Freedom of Information
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll