Probate actions—fraudulent calumny

Produced in partnership with Adam Carvalho
Practice notes

Probate actions—fraudulent calumny

Produced in partnership with Adam Carvalho

Practice notes
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This Practice Note is about the doctrine of fraudulent calumny in claims that challenge the validity of a Will. It addresses the following points:

  1. the test for fraudulent calumny

  2. whether it is necessary to fulfil the ‘purpose’ and ‘causation’ tests to succeed with a claim

  3. procedure

  4. 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

Adam Carvalho
Adam Carvalho


Adam Carvalho has more than 15 years' experience as a contentious Private Client lawyer. Most recently, he was a Legal Director in the Contentious Trusts and Probate Team at Myerson, where he worked on complex and high-value contentious trust and probate matters.

Adam trained, qualified and worked as a senior associate and partner in a central London firm in the Tier 1 nationally for Contentious Trust and Probate work.

Adam has considerable experience of ultra-high value litigation, cross-jurisdictional matters and disputes in non-UK courts. Adam has litigated in the Supreme Court, Court of Appeal, and advised in relation to complex matters in courts from Bermuda to New Zealand.

 Adam is known for his constructive, pragmatic advice, his down to earth approach, and his technical knowledge. Adam is a firm believer in focusing on the main issues and providing sound and accessible advice.


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Jurisdiction(s):
United Kingdom
Key definition:
Probate definition
What does Probate mean?

The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.

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