Jurisdiction(s):
United Kingdom

Key definition

Probate definition

What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...

Fraudulent calumny in will challenges: legal test, dishonesty, purpose/causation, procedure, evidential hurdles and overlap with undue influence (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

This Practice Note concerns the doctrine of Fraudulent calumny in disputes contesting the validity of a Will. It deals with the following matters in particular:

the test for fraudulent calumny
whether the ‘Purpose’ and ‘causation’ requirements must be satisfied to succeed with a Claim
procedure
the particular challenges inherent in fraudulent calumny claims

The test for fraudulent calumny

What is fraudulent calumny, and how does it relate to other attacks on validity within this context? A Will is valid only if it satisfies the relevant formalities, the testator had testamentary capacity, understood and approved its contents, and it was not secured by undue influence or coercion. See: Probate actions (probate claims)—overview for further context. In appropriate circumstances, it may likewise be alleged that the provisions of the Will resulted from ‘fraudulent calumny’—that is, that one beneficiary deceitfully poisoned the testator’s mind against another beneficiary.

This route to setting aside a Will has affinities with, but is distinct from, coercion. It is a species of fraud. The test for fraudulent calumny was articulated in Re Edwards (Deceased), where Lewison J summarised the constituent elements of fraudulent calumny. The test for fraudulent calumny is addressed. In Christodoulides v Marcou the court confirmed...

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Adam Carvalho

Adam Carvalho has more than 15 years' experience as a contentious Private Client lawyer. Most recently, he was a Legal Director in the Contentious Trusts and Probate Team at Myerson, where he worked on complex and high-value contentious trust and probate matters.Adam trained, qualified and worked as a senior associate and partner in a central London firm in the Tier 1 nationally for Contentious Trust and Probate work.Adam has considerable experience of ultra-high value litigation, cross-jurisdictional matters and disputes in non-UK courts. Adam has litigated in the Supreme Court, Court of Appeal, and advised in relation to complex matters in courts from Bermuda to New Zealand. Adam is known for his constructive, pragmatic advice, his down to earth approach, and his technical knowledge. Adam is a firm believer in focusing on the main issues and providing sound and accessible advice....

Web page updated on 21/05/2026

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