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.

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

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In this episode of the Today’s Wills and Probate podcast, host David Opie welcomes Anthony Allsopp, Head of Business, and Simon Barber, Technical Manager at Title Research, to explore the nuanced challenges of probate genealogy and the role of missing beneficiary insurance.

The conversation begins with a look at Title Research’s history, from its founding in 1965 to its evolution into a specialist firm focused on genealogy and international asset repatriation. Allsopp outlines the company’s structure, highlighting its two core teams—one dedicated to genealogical research, the other to asset recovery—and its connection to Kings Court Trust.

Barber elaborates on his role overseeing research quality and providing consultancy to legal professionals navigating estate complexities. He describes the persistent growth in modern genealogical challenges, particularly as blended families and digital data reshape how beneficiaries are identified.

The discussion also examines the use—and limitations—of tools like social media, the increasing reliance on digital records, and the emotional dynamics involved in missing beneficiary cases.

On the insurance side, Allsopp and Barber explain the two main types of cover, the importance of working with FCA-registered genealogists, and how insurers assess risk based on available documentation and the genealogy firm’s reputation.

Through practical insights and case examples, the episode emphasizes the need for collaboration between legal professionals, genealogists, and insurers to ensure smooth and secure estate administration. The conversation also anticipates growing complexity in this field, driven by evolving family dynamics and the legal and financial implications that follow.

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Thank you to our podcast sponsor VacantC Legal Recruitment

The project to modernise wills law book-ends the career of Professor Nick Hopkins in his role as the Commissioner for Property, Family and Trust Law at The Law Commission as he departs in the coming months following the end of his tenure.

Before he departs Nick sits down with Today's Wills and Probate Podcast host David Opie to discuss the culmination of 10 years' effort, resulting in the 500-page Modernising Wills Law report and associated draft bill.

He explains the focus of the report is tackling the major changes in law and society over the last 190 years. It's a challenge he concedes, but says there were three main aims that drove the commission's recommendations

• Ensure testators' testamentary intentions are given effect
• Protect vulnerable testators
• Provide greater clarity and certainty in the law

In a wide-ranging interview Nick explains how and why the Law Commission arrived at the recommendations and tackles some of the concerns raised by practitioners in the weeks after its publication.

The Today's Wills and Probate podcast is available on your preferred podcast provider, and at www.todayswillsandprobate.co.uk. Subscribe today to hear all the latest news and views across the wills and probate sector.

Thank you to our podcast sponsor VacantC Legal Recruitment