Edward Hewitt successfully defends will challenge in Kunicki v Hayward [2016] EWHC 3199 (Ch)

Edward Hewitt appeared for the successful claimants at the trial of a probate claim concerning the validity of the will of the late Jack Hayward. Mr Hayward’s son, Iain, challenged the validity of his father’s last will on the grounds that his father had lacked testamentary capacity and did not know and approve the contents of his will. On the first day of trial Iain was also given permission to challenge the will on the ground that it was a result of fraudulent calumny, i.e. of dishonest aspersions made to Mr Hayward by his daughter, Fiona, regarding her brother Iain. The judge dismissed the challenge on all grounds and pronounced in favour of the will.

The judge also dismissed a claim by Iain that he had agreed with his sister Fiona in a contractually binding way to share equally whatever their father might leave to either of them.