Is there a process by which a testator’s solicitor or Will-writer can be summoned to give evidence on oath about the preparation and execution of a testator’s Will, before the issue of any claim, or any court hearing?

Where there is a potential challenge to the validity of a Will, or a proposed claim by a disappointed beneficiary, it is often the case that, before proceedings are issued, the potential claimant will wish to obtain information from the solicitor or Will-writer as to the circumstances surrounding the preparation and execution of the Will.

The first step in obtaining such information is ordinarily what is termed a Larke v Nugus request, following the case of that name, in which the Court of Appeal adopted the good practice guidance of the Law Society in effect at that time. The court indicated that the professional