A Practical Guide to Challenging a Will Due to Undue Influence Or Fraudulent Calumny

Book excerpt: 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.