Left out of a Will due to Fraudulent Calumny

Fraudulent Calumny

Fraudulent calumnyThere are numerous reasons why someone may be left out of a Will/disinherited. Sadly, there are occasions when you may be disinherited because someone has lied to the person making the Will (the testator) about you and this lie has resulted in them excluding you from the Will.

If the above situation applies to you it may be possible to challenge the validity of the Will and have it set aside on the grounds of ‘fraudulent calumny’.

What is fraudulent calumny?

Fraudulent calumny is where the provisions in a Will are as a result of dishonest statements or actions. It is a species of fraud.

The basic idea is that person A through dishonest behaviour, ‘poisons’ the testator’s mind against person B who would otherwise be a natural beneficiary of the testator’s estate, by casting dishonest aspirations on person B’s character, and as a result the testator either leaves person B out of the Will or leaves them a reduced sum.

Person A must know that the aspirations are false or not care whether they are true or false.

What next?

For more information on other ways in which a Will can be challenged see Challenging a Will.

Jacqueline PenfoldIf you are concerned about a Will or wish to investigate challenging a Will please contact Jacqueline Penfold, on 01323 727321 or use the enquiry form below.