Fraudulent calumny

Fraudulent calumny occurs in relation to a will when a will is brought into being as a result of a false statement said to the testator (the person making the will), provided that the test for fraudulent calumny is met. That test is:

1. Person A poisons the testator’s mind against Person B
2. Person B would have been a natural beneficiary of the testator’s estate
3. The statement(s) made by Person A relate to Person B’s character
4. The statement(s) made by Person A are dishonest
5. Person A knows that the statement is false or is reckless as to its truth

Each limb of the test must be satisfied in order to successfully claim that a will has been brought about by fraudulent calumny. Owing to it being an allegation of fraud, strong evidence is required to obtain a finding of fraudulent calumny.

There is an overlap of cases of fraudulent calumny and undue influence and it is commonplace for both claims to be pleaded.

Fraudulent calumny

We can consider your circumstances and advise you whether a challenge to a will is likely to be successful on grounds of fraudulent calumny and/or other bases for challenging the will’s validity.

Whilst the two key witnesses to a statement amounting to fraudulent calumny are the person making the statement and the deceased, we have successfully argued fraudulent calumny by reference to documentary evidence, including Will files and correspondence and witness statements from friends, family or neighbours of the deceased.

Once we have considered the merits of the claim alongside the evidence, as well as any other grounds to challenge the validity of a will, we can assist in preparing and carrying out your claim. Equally, if a will is being challenged by a party interested in the estate on grounds of fraudulent calumny (or otherwise) we can assist in defending that claim.