10 December 2018 - Article
In the latest probate dispute featuring the in vogue fraudulent calumny plea, John McLinden QC of Field Court Chambers appeared before Morgan J for the appellant / claimant in an application for permission to appeal a decision of the Central London County Court.
The claimant had sought to propound her late mother's will under which she was the sole residuary beneficiary. She also sought to set aside a lifetime transfer of property in favour of her sister on grounds of undue influence. The sister, the respondent / defendant, had defended the probate challenge with an allegation that their mother's exclusion of her from the will, was the result of the appellant's fraudulent calumny.
At first instance the recorder had upheld the respondent’s plea and pronounced against the validity of the will and rejected the challenge to the lifetime transfer
John will review the development of fraudulent calumny in probate disputes, and lessons to be learned from this litigation.