Contentious Probate Series Part 4 - Fraudulent Calumny

In the context of a Will claim, fraudulent calumny refers to false and malicious statements made to a testator with the intent to interfere with the testator's wishes concerning who they wish to benefit under their Will.

To successfully prove a claim of fraudulent calumny it must typically be shown:

• The defendant made false and malicious statements to the testator about a potential beneficiary.
• The defendant knew the statements were false or made them with reckless disregard for the truth.
• The defendant made the statements with the intent to interfere with the testator's wishes.
• The testator's decision was influenced by the false statements.

The burden of proof falls upon the person making the claim. Such claims can be difficult to establish as there is often little evidence to support it.

If you have any questions concerning a contentious probate claim, please contact Noel McNicholas on 01926 887700 or noel.mcnicholas@thomasflavell.co.uk. This blog was written by Noel, an Associate Solicitor based in our Leamington Spa office. Click here to see his ReviewSolicitors profile where he is rated 4.9/5 stars out of 22 reviews.