Goss-Custard & Anor v Templeman & Ors [2020] EWHC 632 (Ch) (19 March 2020)

Goss-Custard & Anor v Templeman & Ors [2020] EWHC 632 (Ch) (19 March 2020)

Lord Templeman had testamentary capacity when executing the 2008 will. The evidence established he understood the nature and effect of the will, the extent of his property, and the claims upon his bounty. His short-term memory impairment did not negate capacity, as he was able to access and comprehend relevant information when required. The process followed by the solicitor and the rationality of the will supported the presumption of capacity, and there was no clear evidence to rebut it.

Citation
[2020] EWHC 632 (Ch)
Parties
Claimant: Jane Goss-Custard; Claimant: Sarah Edworthy; Defendant: Lesley Templeman; Defendant: Michael Richard Templeman; Defendant: Peter Morton Templeman; Defendant: Timothy Blasdale (as executor of Mr Christopher Blasdale, deceased); Defendant: David Templeman; Defendant: Grace Goss-Custard; Defendant: Gail Hedley; Defendant: Clare Templeman; Defendant: Laura Templeman; Defendant: Deborah Buttery; Defendant: Rachel Clarke
Jurisdiction
England and Wales
Judgment Date
19 March 2020
Procedural Posture
Probate/will Challenge / Trial Judgment
Outcome
Claim dismissed; 2008 will upheld as valid.
Legal Topics
Testamentary Capacity, Validity of Will, Banks V Goodfellow Test, Alzheimer's/dementia and Capacity, Golden Rule in Will Making
Wills and Probate Trusts and Estates Testamentary Capacity Validity of Will Banks V Goodfellow Test Alzheimer's/dementia and Capacity Golden Rule in Will Making

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Parties

Jane Goss-Custard

Claimant

Sarah Edworthy

Claimant

Lesley Templeman

Defendant

Michael Richard Templeman

Defendant

Peter Morton Templeman

Defendant

Timothy Blasdale (as executor of Mr Christopher Blasdale, deceased)

Defendant

David Templeman

Defendant

Grace Goss-Custard

Defendant

Gail Hedley

Defendant

Clare Templeman

Defendant

Laura Templeman

Defendant

Deborah Buttery

Defendant

Rachel Clarke

Defendant

Procedural Posture

Probate/will Challenge / Trial Judgment

Legal Issues

  1. 1 Whether Lord Templeman had testamentary capacity when executing the 2008 will
  2. 2 Whether an illusory or mistaken belief as to previous testamentary arrangements negates testamentary capacity

Ratio Decidendi

Lord Templeman had testamentary capacity when executing the 2008 will. The evidence established he understood the nature and effect of the will, the extent of his property, and the claims upon his bounty. His short-term memory impairment did not negate capacity, as he was able to access and comprehend relevant information when required. The process followed by the solicitor and the rationality of the will supported the presumption of capacity, and there was no clear evidence to rebut it.

Court Disposition

Claim dismissed; 2008 will upheld as valid.

Orders

  • Probate granted in respect of the 2008 will of Lord Templeman.
  • No order as to costs against the Defendants.