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 (the one who made the will) 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.

This blog was written by Noel, an Associate Solicitor based in our Leamington Spa office.  To read the next part of the series, titled 'Failure to Execute the Will Correctly', click here.