Last Tuesday saw the return of another IDR Contentious Clinic, and with over 160 registered viewers it proved to be one of IDR’s most subscribed clinics to date. Hosted by none other than IDR’s CEO Martin Holdsworth, the talk gave a detailed overview of Larke Vs Nugus requests – when you should respond, professional negligence, issues of consent and fees but also how to make responding to Larke and Nugus requests easier in the long run.
The talk covered a variety of important points, beginning by explaining the initial purpose of a Larke Vs Nugus request and how the number of these requests continue to rise. At this stage, Martin turned to his viewers themselves, posing the question ‘How many of you have not had a Larke and Nugus request in the last month?’ – and with around only 25% answering ‘no’, this left a staggering 75% of attendees having had such requests and demonstrating this increase. Not only did this illustrate the relevance of the topic of Martin’s talk from the get-go but it demonstrated just how necessary knowing how to correctly respond to a Larke Vs Nugus request actually is.
Primarily, the talk looked to Martin’s own insights and helpful guidance towards some preliminary considerations to have when facing such a request. Touching on confidentiality, privacy and legal privilege, he explained the differences and spoke about the brand-new practice note issued by the Law Society on the 5th September 2023, which provides new guidance for practitioners, which can be found here on the IDRN along with other useful info on LvN
Further to this, the Clinic also addressed the issues of authority when dealing with the first stages of a Larke and Nugus request and offered an insightful and detailed list of where this authority may be obtained – mentioning the testator themselves, their PRs and even all the beneficiaries of the estate themselves. This only proved more useful when Martin further asked the question of whether responding to a Larke vs Nugus request was even necessary in some instances. In response, he answered by covering a range of valuable points, including evidence from an exert from ‘Larke -v- Nugus’ itself and explaining the differences between a serious dispute and statement in conjunction with these types of requests and the potentially costly litigation when things go wrong.
In addition, the Clinic also gave an insightful summary on the more practical points of dealing with a Larke vs Nugus request, which touched on the significance of seeking advice where necessary, the importance of using a statement form, fees for photocopying, reacting in a timely manner and do’s and don’ts when responding.
To conclude, Holdsworth also gave an exciting intro to the forthcoming IDR Claim Checker, which marked the close of our 6th Clinic.
Overall, the session provided an anecdotal review of how to respond to Larke vs Nugus requests and covered perhaps more importantly how to make such responses easier by contemplating them with the client in life before it happens. It was an excellent review and thought-provoking analysis that anyone drafting Wills, who could of course be a witness to any Will claim, should definitely watch.
Our next Contentious Clinic
Tuesday 31st October, 12pm.
Will Validity Challenges
Hosted by Solicitor, Georgina Coates and Partner, Richard Thomas