A request for a Larke V Nugus statement, may seek to establish some of the following information and documentation:
It is likely to request some of the following, but this is not an exhaustive list;
- How long the will drafter had known the deceased?
- Who introduced the will drafter to the deceased?
- The date the will drafter received instructions from the deceased.
- Contemporaneous notes of all meetings and telephone calls, including all information of where the meeting took place, and who else was present at the meeting.
- How the instructions were expressed.
- What indication the deceased gave that they knew they were making a will.
- Whether the deceased exhibited any signs of confusion, loss of memory or ill health.
- Whether and to what extent earlier wills were discussed, and what attempts where made to discuss departures from the deceased earlier will making pattern.
- What reasons the testator gave for making any such departures.
- How the provisions of the will were explained to the deceased.
- Who, apart from the intesting witnesses, were present at the execution of the will, and where, when, and how this took place?
This can be a complicated and challenging part of the law.
Where considering making a claim, or contesting a will, legal advice should be taken.
Please feel free to make contact with us, where we will endeavour to give an initial opinion of the chances of success.