Jurisdiction(s):
United Kingdom

Pre-action probate disclosure and Larke v Nugus: no application costs order and no estate indemnity—Dahlman v Oxley [2025] EWHC 2962 (Ch) (England and Wales)

Published on: 12 January 2026

Published by a LexisNexis Private Client expert

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Article summary

Pre-action disclosure in probate claims and orders for costs (Dahlman v Oxley & Palmers Solicitors) Dahlman v Oxley & another [2025] EWHC 2962 (Ch)

What are the practical implications of this case?

This judgment operates as a practical guide for both Applicants and Respondents on managing pre-action disclosure requests in probate disputes. For Respondents, the message is straightforward: unjustified or unexplained delay in answering valid Larke v Nugus enquiries and producing the Will file creates a genuine risk of an adverse costs order on a pre-action disclosure application.

For Applicants, consistency of approach in correspondence is emphasised. Proposed respondents must be clearly warned of the intended application and that costs will be pursued. If the position later shifts and it is suggested that, notwithstanding lateness, costs will not be sought if disclosure is provided voluntarily, that concession substantially weakens the Applicant’s position when later seeking their costs.

What was the background?

The Deceased died on 1 July 2024. In 2022 he and his wife executed mirror Wills. She died earlier in 2024. On 19 April 2024, the Deceased made a new Will...

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