Richard Hammond a partner at Rothera Bray solicitors (instructing counsel James Weale), acted for the successful claimant. Rothera Bray’ contentious probate team were able to assist Mr Speakman in this difficult and sensitive matter and bring the claim to a successful conclusion.
Mr Speakman sought to set aside three wills his late father had made in quick succession in 2018. These wills reduced and finally extinguished his entitlement to half of the estate under a prior will from 2017. The beneficiaries of the 2018 wills were the late Mr Speakman’s cleaner and her two grandchildren who benefited from specific legacies of £100,000 each.
Amongst other claims, Mr Speakman said that the 2018 wills should be set aside for fraudulent calumny. He alleged that the defendant had poisoned his late father’s mind against him so that he was persuaded to change his prior wills to eventually exclude Mr Speakman entirely for her own benefit and that of her relatives.
The courts have in the past said that proving fraudulent calumny can be challenging because, in common with claims for undue influence, it is often difficult to provide sufficient evidence to satisfy the burden of proof. The claimant is generally not present when the events occur, and the maker of the will is dead.
However, there have been several successful instances of fraudulent calumny in the recent past and the courts have found that where undue influence is pleaded, there is often a considerable overlap.
In this case, Mr Speakman was able to show specific evidence of instances where the defendant influenced his late father against him and HHJ Williams found in his favour, overturning the three 2018 wills.
The team, headed up by partner Richard Bates, advise on a wide range of matter relating to all aspects of contentious probate and trusts. Richard can be contacted on 0115 8525835 or r.bates@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers
