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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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