Larke v Nugus: What?!

A request regarding the circumstances of drafting a Will is known as a Larke v. Nugus request.


The case of Larke v. Nugus (1979) 123 SJ 327 serves as the beginning point. In giving clients advice about probate, I occasionally use this case. The court’s ruling stated that the individual who drafted the Will should provide details concerning its creation and execution.


There is no set method for making the request; it will typically be handled by making a very straightforward information request, frequently in the form of a list of questions. For instance:


“Who was in the room when the Will was signed?”


“Does Mr. X seem confused at all?”




The collection of questions typically comes with a request the case file for the recipient. This is a crucial phase since it is necessary to have a comprehensive understanding of the deceased’s actions prior to and during the execution of the Will.


I have worked in several situations where, at first glance, it would seem impossible to infer that the deceased was confused or had a deteriorating mental state. But it is evident after receiving and examining the paperwork in the case that the deceased has become less and less aware of what is going on around him or her over recent months. This COULD serve as the foundation for a claim in the future.


You are not required to comply with a Larke v. Nugus request if you get one. reply. Yet, you ought to in most cases. The request’s circumstances might necessitate that you first contact your insurance company (such as where you have been accused of negligence in drafting or execution).


If you don’t react, the court may force you to pay costs or appear in court and answer questions about the Will.


If you require any assistance with a Larke v Nugus request, contact