Larke & Nugus Statement, Who Has The Legal Right To Ask For It?

[Busby15]

I've been contacted by my late Mum's solicitor's , a chartered legal executive has asked for the files relating to the drafting of her final will. He is acting for someone who has no legal claim on the estate. I have been granted probate and am sole executor. Can I refuse to allow them to send the files ? Can I insist it is requested by a Solicitor not a chartered legal executive, who calls himself a private lawyer! He has said he will pay for reasonable photocopying costs.

[boxtops]

You need our legal expert members to answer this for you - not sure if they are about as yet.

[woofgang]

do you know why he wants the files and what the content of the files is?

[Busby15]

I think he's trying the capacity angle or undue influence. No idea of file content

[woofgang]

so it is someone who thinks they have a claim?

[woofgang]

can i ask how long ago your mother passed and has the estate been distributed?

[Busby15]

Six months ago, still sorting out

[Barmaid]

You cannot insist that it goes to anyone. Fact is, he is a lawyer and he is entitled to act for his client.

Larke v Nugus is the Court of Appeal case from 1979 where the Court of Appeal said that in cases where Wills are disputed it was good practice for the Will draftsman to provide a complete copy of his file and a Larke v Nugus statement which details how the Will was drawn up, who was present, whether the deceased's capacity was in doubt, how instructions were given - basically the full process. There is more here:- http://www.lawsociety.org.uk/advice/practice-notes/disputed-wills/

I would not refuse to send them copies. (If in fact you have the files - if you dont, you should make a joint approach to the firm holding them).

You say that his client has "no legal claim" on the estate - does the client benefit under an earlier WIll or intestacy? Who is this person?

[tamborine]

Demand requests are made by their solicitors, at their own costs.

[woofgang]

tambo, I think they have been....

[Busby15]

its the sister-in-law of dead brother, who left her well provided for

[tonywiltshire]

The Law Society have for many years stated it is good practice to provide this information where a will is disputed, you have no reason to concern yourself. Chartered Legal Executives are now considered on a par with Solicitors.