The High Court has recently handed down judgment in the case of Whittle v Whittle [2022] EWHC 925 Ch.
In a highly unusual decision (because many cases in this field focus more on undermining the testator’s capacity), the court set aside the testator’s will even though he possessed mental capacity and understood his will, because his decision had been subverted by lies told to him by his daughter. It forms an interesting apparent counterpoint to the principle of testamentary freedom.
This case illustrates the difficulties and sensitivities that arise in relation to a will dispute and also the increasing trend for the dispute to spill over into the later years of a testator’s life.
Fraudulent calumny: poisoning a testator’s mind
Fraudulent calumny is the traditional term for causing a person, who on any other measure has capacity, to change their will through fraud. It is an unusual claim, in part because of the strict requirements for it to be proved and in part because the involvement of solicitors in the will-writing process ordinarily provides some protection against malign influences.
To prove fraudulent calumny, the disappointed beneficiary claimant must prove six elements. These are:
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