Losing a loved one is very difficult. It can be more difficult when the time comes for the Will to be read and the contents of the Will are not as you thought they would be. Sometimes the person who has passed away, the Deceased, may have made decisions in their Will which were unexpected. As they have passed, you cannot discuss this with them to find out more.
So, how can you find out why these decisions were made and establish the circumstances of how the Will came to be drafted?
If the Will was drafted by a Solicitor, you can raise questions of the Solicitor to find out more about the making of the Will. This is called a Larke v Nugus request. Some time ago, in the case Larke v Nugus, the Court ruled that a Solicitor should answer certain enquiries about the making of the Will.
Some people use this to establish the facts surrounding the Will making and to see if there is any scope to challenge the Will on the grounds of incapacity or undue influence.
The request can also provide information to someone who has perhaps been left out of a Will to give them clarity as to why decisions were made and perhaps closure on the situation.
If you feel that you would like to know more about why a Will was made, we may be able to assist you in raising enquiries and seeking further information.
Please contact a member of the Team by calling – 0151 489 6161 or 0151 548 7370.
You can also visit our website at www.maxwellhodge.co.uk for further information.