Addison & Anor v Niaz [2024] EWHC 3124: implications for Larke v Nugus requests

Today's Wills & Probate Podcast

In this episode of the Today’s Wills and Probate Podcast, David Opie welcomes a panel of legal experts to explore the recent Addison and Niaz case and its important implications for Larke v Nugus requests. He is joined by Lucy Scourfield, associate in the contentious trusts and probate team at Forbes Solicitors; Shannon Thompson, a non-contentious Wills, Trusts and Probate solicitor at Forbes, who are representing the firm; and Norman Lamb, a barrister from Nine Chambers, specialising in contentious probate matters.

Together, the panel delves into the facts of the Addison and Niaz case, examining the challenges encountered in securing disclosure from the will draftsman and highlighting the High Court’s decision to order the respondent to pay costs personally.

They unpack the broader tension between legal privilege and the duty to disclose, offering clear guidance on best practices for both contentious and non-contentious practitioners when responding to Larke v Nugus requests.

The discussion also touches on the growing significance of section 122 applications under the Senior Courts Act 1981, underscoring the consequences of delayed or inadequate responses.

With practical insights into the importance of file management, contemporaneous notes, and collaborative working between departments, this episode is essential listening for legal professionals involved in will drafting and dispute resolution.

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