Ken To and Catherine Hau explore the success of challenges to wills based on fraudulent calumny in recent English jurisprudence It was not necessary for the party seeking to establish fraudulent calumny to prove that it was the only cause of the change in the testator’s intentions as to his or her testamentary dispositions. It …
Continue reading "Fraudulent calumny: Setting aside wills obtained by lies"
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Wills & Trusts Law Reports | Autumn 2020 #180The claimant and the defendant were sisters, the daughters of Agni Iacovou (the testatrix). By her will dated 7 August 2012 (the will), made shortly before her death two days later, the testatrix gave her entire net residuary estate to the claimant whom she appointed to be her executrix. The claimant issued proceedings on 18 June 2014 seeking an order that the court pronounce for the will in solemn form. The defendant defended the claim on the basis that the will had been procured by fraudulent calumny – that the claimant had poisoned the mind of the testatrix by casting untruthful asper...
John Poyser pinpoints the warning signs for testamentary undue influence, with lessons from a recent Canadian case ‘If the will-maker feels compelled to leave their wealth to a different collection of people, whether by overpowering fear or overpowering hope, then the resulting will is void.’ A recent Canadian case highlights some fresh perspectives on testamentary …
Continue reading "Testamentary undue influence: Hope over experience"
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