Can a lie undo a Will? Fraudulent calumny gains ground in Victoria Wills, Estate Planning and Structuring Disputes relating to Wills, Estates, Trusts and SMSF Disputes 23rd April 2026 Author Stephen Benjamin Mitchell & James Dimond In Re the estate of Iovenitti [2026] VSC 106, the Supreme Court of Victoria refused to strike out fraudulent calumny as a ground of objection—signalling that alleged misinformation influencing a will may now be a live battleground in Victorian probate disputes. For years, Australians contesting a will have relied on familiar arguments: lack of capacity, undue influence, lack of knowledge and approval, or technical defects in execution. But a recent decision of the Supreme Court of Victoria has opened the door to a far less familiar and potentially far‑reaching ground of challenge. It is known as fraudulent calumny. And until now, it has barely featured in Australian courtrooms. The usual battlegrounds of will disputes When doubts arise about the validity of a will, an application can be brought in the Supreme Court to have it set aside. If successful, the court may revive an earlier will or, if none exists, distribute the estate under the laws of intestacy. Traditionally, these disputes turn on well‑worn principles. A will may be invalid if, for example: the will‑maker lacked testamentary capacity; the will‑maker did not know or approve the contents of the will; the will was not properly executed; or the will was procured by undue influence. These grounds are well understood, heavily litigated, and supported by decades of Australian authority. Fraudulent calumny, by contrast, sits largely in the shadows. What is fraudulent calumny? Fraudulent calumny is a doctrine of the common law – being judge‑made law rather than legislation – and its application varies between jurisdictions. It has long been recognised in the United Kingdom, Canada, and Hong Kong. In Australia, however, it has until recently been largely unexplored and untested. At its core, fraudulent calumny concerns deception. Broadly speaking, a will may be invalid on this basis where: a person induces a false or misleading belief in the will‑maker; the will‑maker makes a new will because of that belief; and the new will benefits the person who induced the belief, or disadvantages those who would otherwise naturally expect to benefit. Importantly, courts have accepted that direct evidence of the deception is not always necessary. The false belief and its source may be proved by inference from the surrounding circumstances. From footnote to focal point Fraudulent calumny has been mentioned before in Australian case law, notably in Newton v Taylor (NSW, 2019) and Campbell v William & Anor (NSW, 2023). But in those cases, the courts acknowledged the concept without being required to decide whether it applied. That changed in Victoria in 2026. In Re the Estate of Iovenitti, the caveators, represented by Moores, challenged the deceased’s final will on three grounds, one of which was fraudulent calumny. The executors of the disputed will applied to have the objections struck out or summarily dismissed, arguing that the claims could not succeed. The Court disagreed, finding that the caveators had established a prima facie case worthy of investigation on all pleaded grounds – including fraudulent calumny – and refused to strike out or summarily dismiss the claim. The decision is significant. It is the first reported Victorian case to expressly accept fraudulent calumny as a viable basis for challenging the validity of a will, and may be the first such acceptance in any Australian jurisdiction. What happens next? Proceedings concerning the Estate of Iovenitti are still on foot, and the fraudulent calumny claim has yet to be finally determined. But the message is already clear: Victorian courts are prepared to entertain this ground of challenge, and litigants can no longer assume it will be dismissed as a historical or foreign curiosity. For advisers, beneficiaries and executors alike, this development adds a new layer of complexity to will disputes – particularly those involving strained family relationships, misinformation, or manipulation behind closed doors. How we can help Moores’ Estate Litigation team has specialist experience in disputes involving wills, estates and trusts. If you are concerned that a will‑maker may have been influenced by deception or misinformation – or if a will does not sit right for another reason – we can assist you with clear, practical advice tailored to your situation. Contact us Please contact us for more detailed and tailored help. Subscribe to our email updates and receive our articles directly in your inbox. Disclaimer: This article provides general information only and is not intended to constitute legal advice. You should seek legal advice regarding the application of the law to you or your organisation.