Fraudulent Calumny in Inheritance Disputes

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

What to do if you suspect false or malicious statements

Fraudulent calumny in inheritance disputes is an often hidden but powerful ground for challenging a will. If you believe someone deliberately poisoned a loved one’s mind with lies so they were left out of a will, you need to act quickly. Essentially, fraudulent calumny is when one person makes false, malicious statements about another to the testator (the person making the will) with the purpose of causing that other person to be excluded from the will.

In contentious probate, this is often referred to as “poisoning the testator’s mind” by making untrue representations which are calculated to change the testator’s testamentary decisions when making a will.

If you suspect this has happened, we partner with a panel of specialist contentious probate solicitors who can help. They offer a No Win No Fee option and a free, initial consultation to assess your case.

We’re here to help – so get in touch with our team today to arrange your consultation.

Fraudulent Calumny is Different from Other Grounds

Fraudulent calumny sits alongside other grounds when contesting a will such as undue influence, lack of testamentary capacity, forgery and fraud. Unlike undue influence, which puts the spotlight on pressure, coercion or control – calumny focuses on false statements that cause the testator to disinherit someone.

However, in reality the two can overlap, and courts will scrutinise the context and evidence.

Three Key Elements to Prove

To succeed you need to show the following:

False statements or allegations were made about the excluded person to the testator.
The speaker knew the statements were false, or was reckless with the truth.
The false statements resulted in the testator changing their will i.e. the testator trusted the falsehood and altered their testamentary intentions because of it.

Because these elements are difficult to prove when it comes to dishonesty and causation, calumny claims are generally infrequent and strong evidence is needed to take such a claim to court.

Why is fraudulent calumny difficult to prove?

There are three main obstacles in proving calumny:

One-on-One conversations: the alleged ‘poisonings’ tend to occur in private, so direct evidence is hard to present.
Testator has died: the testator is not alive to explain what they were told or why they changed the will.
Legal threshold: you must be able to show the falsehoods materially influenced the testator excluding the other person – and were not simply repeated.

Next steps to take if you suspect fraudulent calumny

Preserve evidence immediately

Record what you know in writing. This may include dates, times, the substance of the alleged remarks plus any possible witnesses. It’s also important to keep any text messages, emails, social media posts, letters and medical notes.

Get a copy of the will and probate documents

Ask the executors for a copy of the will. If a grant of probate has been or will be applied for, you can check the Probate Registry for the application and whether the grant has been issued.

If a grant has not yet been made, you can apply to enter a caveat at the Probate Registry to stop a grant being issued for six months. This gives you time to investigate.

Take legal advice from a contentious probate solicitor

Proving fraudulent calumny is complex and you will need to consult with a solicitor who regularly handles will and inheritance disputes. They will advise on evidence, likely claims, remedies and costs and whether you should:

seek to set aside the will for fraudulent calumny,
bring an Inheritance (Provision for Family and Dependants) Act 1975 claim for reasonable financial provision, or
use other causes of action, for example undue influence, forgery or proprietary estoppel.

Consider negotiation and mediation

Where relationships still allow, it is worth trying negotiation and mediation. Your solicitor will help with this as a negotiated settlement can save time and legal costs.

Pay attention to time limits

There is no strict statutory time limit for bringing a validity challenge to a will, but delay matters as courts do not approve of stale claims or unwarranted delay.

However, claims under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be issued within six months of the grant of probate.

What remedies might the court grant?

If fraudulent calumny is proved, the court can set the will aside, restore a previous will or apply intestacy rules. Alternatively, the court may order financial provision under the Inheritance Act where exclusion caused hardship for the claimant.

Top Tips If You Suspect Fraudulent Calumny

Act quickly and enter a caveat if you need time to investigate.
Collect your evidence as soon as possible as evidence may be lost and memories fade.
Consult a specialist contentious probate solicitor as these cases are complex. Our partner solicitors offer No Win No Fee agreements.

Contact Our Team

If you believe fraudulent calumny has occurred, seek legal advice early.

Our partner panel of specialist lawyers offer a range of fee structures, including ‘No Win, No Fee’ along with other flexible funding – speak to our team to find out more.

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