Every week we read in newspapers and news websites of cases where
disappointed beneficiaries are in dispute with others, often members of
their own families, about an estate that they expected to benefit from.
These challenges often include claims that the person who does receive
the benefit from the estate 'unduly influenced' the deceased or that
they poured poison about the disappointed beneficiary into the ear of
the deceased - which is what is referred to as fraudulent calumny.
A Practical Guide to Challenging a Will Due to Undue Influence or
Fraudulent Calumny explains what 'undue influence' and what 'fraudulent
calumny' are and sets out the framework for challenges to wills where
there is such a claim. It also guides the reader through some of the
practical issues and difficulties that any disappointed beneficiary may
face when making such challenges. These claims are difficult to pursue
as they are treated by the courts as being similar to a fraud claim and
the guide will be an essential tool for anyone contemplating making or
defending such a challenge to a will (whether a lawyer, other
professional person, or a beneficiary).
ABOUT THE AUTHOR
Evan Price is a barrister with over 20 years' experience of disputes
involving property, wills, trusts and estates. He practices from Ten Old
Square in Lincoln's Inn and is a member of the STEP (the Society of
Trusts and Estates Practitioners). He is regularly instructed to assist
clients to resolve matters involving broad and knotty issues that
require urgent assistance.
