Should I share information about the execution of a will with a rival firm?

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I've been contacted by a firm acting for the daughter of a client who moved into a care home. They're demanding information about the circumstances in which my client gave instructions for her will and it was executed. Must I provide this information?

The question of a Larke v Nugus statement regarding the execution of the will and the circumstances surrounding it only arises where there’s a disputed will after the testator's death.

Such a statement is made pursuant to the case of Larke v Nugus [2000] WTLR 1033.

As your client is still alive, you’re still bound by legal advice privilege and your duty of confidentiality under paragraphs 6.3 of the SRA Codes of Conduct 2019.

You’ll need to obtain your client's consent to supply the information requested.

For more information, see our practice note on disputed wills.

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question?

Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk.

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

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