Successful claim of fraudulent calumny in the High Court

20th April 2022

Our Wills, Trusts & Probate team was instructed by Royds Withy King in the case of Whittle v Whittle & Anor (Re Estate of Gerald Arthur Whittle) [2022] EWHC 925 (Ch) (12 April 2022). Charles Auld successfully represented David Whittle in his action against his sister, Sonia Whittle.

Their father made a will, just a few weeks before he died, when he was 92 and very frail. The Court decided that, unusually, David Whittle had made out a case of fraudulent calumny. The Judge accepted that his sister had deliberately told lies to their father to get him to cut David Whittle out of the will.  So the will was set aside and David Whittle has been appointed administrator of his father’s estate.

View judgment: Whittle v Whittle & Anor (Re Estate of Gerald Arthur Whittle) [2022] EWHC 925 (Ch)