Fraudulent calumny: Setting aside wills obtained by lies

Sir Oswald Cheung’s Chambers | 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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Fraudulent calumny and undue influence: When foul play is suspected

RWK Goodman | July/August 2022 #235
Amanda Noyce examines where we are now after Whittle v Whittle  In both Christodoulides and Whittle the testator was frail, elderly and close to death and the calumniator was living in their parent’s house and had isolated the parent. How often does the heart of a contentious probate lawyer sink when a new enquiry is …

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