Wilson & anr v Spence & anr WTLR(w) 2022-09

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Fraudulent calumny: Setting aside wills obtained by lies

Sir Oswald Cheung’s Chambers | Trusts and Estates Law & Tax Journal | October 2022 #237
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 …

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Wills: Documentary evidence trumps witness testimony

Charles Russell Speechlys LLP | Trusts and Estates Law & Tax Journal | May 2022 #233
Oliver Auld and Lydia Kember examine the inherent unreliability of witness testimony based on memory Solicitors will now be under a personal obligation to avoid producing witness statements that are over-lawyered or in any way present a narrative which does not match the witness’s own recollection. There is an inherent difficulty that many challenges to …

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