Can Fraudulent Calumny Invalidate a Will?

Last Updated on April 22, 2026 by tanya

Can Fraudulent Calumny Invalidate a Will?

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

Contentious Probate: What Is Fraudulent Calumny?

Fraudulent calumny is when someone spreads false statements about a potential beneficiary causing that person to be cut out of a will – so can fraudulent calumny invalidate a will? If you’ve been unexpectedly left out of a loved one’s will, you may immediately suspect foul play of some kind. Contesting a will falls under contentious probate which is a complex area of law.

While undue influence or lack of capacity are often the grounds which may be scrutinised for a contentious probate claim, fraudulent calumny may also be a route to challenge a will.

We partner with a panel of highly experienced contentious probate solicitors who offer No Win No Fee agreements, as well as other flexible funding. So, if you want to arrange a free consultation, contact our team today.

Key Elements in Fraudulent Calumny

Fraudulent calumny occurs when a wrongdoer purposefully targets the testator’s decision-making about a will. This is achieved by destroying the testator’s trust in someone to reduce that person’s inheritance or exclude them entirely. It involves ‘poisoning’ the testator’s mind through lies, exaggeration or fabrication.

To prove fraudulent calumny, the court will look for two key elements:

False representations made about a beneficiary,

An intention to influence the testator’s will and affect that beneficiary’s entitlement.

This form of wrongdoing sits somewhere between fraud and undue influence. It often happens during private conversations and only comes to light after someone has died, making it hard to prove.

How Fraudulent Calumny Can Invalidate a Will

If someone has used dishonest statements to influence the testator’s trust and beliefs, the court can declare that the will, or parts of it, is invalid. When this happens, the estate usually falls back to the previous valid will. If there is no earlier will, the estate is distributed under the intestacy rules.

Fraudulent calumny may invalidate a will when:

the testator genuinely believed the false allegations,

the false allegations materially influenced the will’s terms, and

the person making the statements knew they were false or acted recklessly as to their truth.

Courts take these cases seriously because they compromise the integrity of the testamentary process.

Examples of Fraudulent Calumny

Fraudulent calumny may take many forms. For example:

Telling an elderly parent that their child is stealing from them when it is untrue.

Claiming a relative only visits to obtain money or manipulate the testator.

Suggesting that a family member has committed criminal acts or behaved immorally with no factual basis.

Feeding the testator fabricated stories to make the testator distrust a long-standing beneficiary.

These allegations may lead to dramatic changes in the will and will typically be to the wrongdoer’s benefit.

Red Flags That Fraudulent Calumny May Have Occurred

If you suspect fraudulent calumny has led to you being excluded from a loved one’s will, check for these warning signs:

1. Sudden and Unexplained Changes in the Will

If the testator removed you after a lifetime of a stable relationship or changed the will shortly after becoming close to a new person.

2. A New Influencing Figure

A relative, friend or carer who gains influence late in the testator’s life and benefits from the revised will may have spread false or malicious falsehoods.

3. Signs of Misinformation

If prior to their death, the testator began repeating untrue or exaggerated claims about you that were not grounded in reality.

4. Patterns of Isolation

Wrongdoers using fraudulent calumny sometimes isolate the testator from certain family members to reinforce the lies.

5. A Testator With Reduced Capacity or Vulnerability

Fraudulent calumny often affects testators who are elderly, ill or reliant on others for care. Vulnerability makes them easier to influence through deceit.

How Courts Approach Fraudulent Calumny Claims

Courts in England or Wales recognise fraudulent calumny as a valid ground for contesting a will. However, the burden of proof rests on the person bringing the claim. While you do not need to prove coercion, you must be able to show that:

lies were spread,

the wrongdoer knew – or should have known – they were false,

the testator believed the lies, and

the lies influenced their decisions for their will.

Direct evidence is difficult for fraudulent calumny. As a result, courts rely heavily on witness statements, patterns of behaviour, medical records, previous wills, and circumstantial evidence.

Because these claims are complex, early legal advice is vital.

How to Bring a Contentious Probate Claim for Fraudulent Calumny

If you believe fraudulent calumny caused your exclusion or reduction in inheritance, here is a clear step-by-step guide on what to do next:

1. Obtain a Copy of the Will and the Probate Application

Start by checking the latest will and identifying who benefits from the changes. If probate has not yet been granted, you can enter a caveat at the Probate Registry to pause the process for six months and prevent assets from being distributed. This gives you time to investigate and start a contentious probate claim.

2. Gather Evidence Early

Fraudulent calumny cases rely heavily on evidence. You will need to obtain:

emails, messages or letters showing lies or manipulation,

any notes or comments the testator made about the false allegations,

statements from family, carers or friends,

previous versions of the will which will highlight drastic recent changes,

medical records indicating the testator was susceptible to influence.

3. Seek Expert Legal Advice

An experienced specialist contentious probate solicitor can analyse the facts and advise you on your likelihood of success. Because fraudulent calumny cases involve complex evidential issues, professional legal advice is essential.

4. Attempt Mediation

Most contentious probate cases settle before trial. Mediation allows all parties to negotiate a resolution without the stress and cost of going to court. Many courts expect mediation to be attempted before a claim proceeds.

5. Issue Court Proceedings

If negotiation fails, your solicitor can issue a claim in court to challenge the validity of the will. The court will decide whether fraudulent calumny took place.

If successful, the court may declare the will to be invalid, reinstate a previous will, or distribute the estate under intestacy rules.

Time Limits for Bringing a Fraudulent Calumny Claim

There is no strict statutory time limit for challenging the validity of a will. However, once probate has been granted and estate assets are distributed, recovering them becomes more difficult. Therefore, acting quickly is essential. It’s also important because evidence may be lost or misplaced, while witnesses’ memories may fade over time or they are harder to trace.

Entering a caveat early can prevent probate from progressing while investigations take place.

Why Early Action Makes a Difference

Prompt legal action preserves vital evidence and strengthens your case.

If someone used false statements to turn the testator against you, the law gives you the right to challenge the will and restore fairness.

If you suspect you’ve been cut out of a will because of fraudulent calumny, don’t wait as prompt action may make a difference to the final outcome of your challenge.