Probate actions—fraudulent calumny
Produced in partnership with Adam Carvalho
Practice notesProbate actions—fraudulent calumny
Produced in partnership with Adam Carvalho
Practice notesThis Practice Note is about the doctrine of fraudulent calumny in claims that challenge the validity of a Will. It addresses the following points:
- •
the test for fraudulent calumny
- •
whether it is necessary to fulfil the ‘purpose’ and ‘causation’ tests to succeed with a claim
- •
procedure
- •
the particular challenges of fraudulent calumny claims
The test for fraudulent calumny
What is fraudulent calumny and how does it relate to other validity challenges?
A Will is only valid if it is complies with the relevant formalities, the testator had testamentary capacity and understood and approved its terms, and it was not procured by undue influence or coercion. See: Probate actions (probate claims)—overview.
In certain circumstances, it may also be possible to allege that the terms of the relevant Will came about as a result of ‘fraudulent calumny’—in other words, that one beneficiary fraudulently poisoned the testator’s mind against another beneficiary. This ground for setting aside a Will has some similarities to but is separate from coercion. It is a species of fraud.
The test for fraudulent calumny
In
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.