False Statement

MizzBiz

It has recently come to my attention that a statement made in a family members’ will makes a false accusation about another family member to which I was a witness. Is there any way to rectify this? 20 years ongoing.

AndrewJRenko

Is the person making the will and statement alive?

Is it clear as to whether the false statement was made maliciously or in error?

Peregrinus

When you say you were a witness, do you mean that you were a witness to the execution of the will which contains the false statement, or that you were a witness to events to which the false statement refers?

feelings

Can I jump in here and ask a related question?

If a false statement was made regarding two deceased persons (and is on court record), was made maliciously and to attack the character of another family member, can anything be done to have the false statement retracted at the very least?

Peregrinus

Well, you can ask the person who made the false statement to retract it, or publicly contradict it.

But there is nothing you can do to compel that person to retract or contradict it.

If the statement was made in sworn evidence, and was untrue, and there is conclusive proof that the person who made the statement knew it to be untrue at the time he made it, you could press for the person to be prosecuted for perjury and, if the prosecution were successful, that could be pointed to as confirmation of the untruth of the statement. But the authorities are very unlikely to prosecute perjury simply to assist someone else defend their character against attack.

The other thing you could do, I suppose - but this is very high risk; don't do this at home, kids, unless mummy or daddy are there to help - is to go around publicly and repeatedly saying that the person who made the statement is a liar, a perjurer, a fraud and a blackguard, and keep doing this until - you hope - he sues you for defamation to try to shut you up, and you then defend the action by showing that the statements you have made about him are true, which you do by showing that the statement he made was a deliberate and malicious lie. If you win your action, the falsity of his original statement is established. If you lose, it will cost you a fortune. And the onus will be on you to prove the falsity of his original standard, to a very high degree of probability, so you had better be sure that you have absolutely cast-iron proof that is admissible in court and that will stand up. And of course if you have that kind of proof he's probably not going to sue you for defamation no matter how many times you call him a liar.