Goss-Custard & Anor v Templeman & Ors [2018] EWHC 2476 (Ch) (24 September 2018)

Goss-Custard & Anor v Templeman & Ors [2018] EWHC 2476 (Ch) (24 September 2018)

There are triable issues as to the deceased's testamentary capacity in 2008, supported by credible evidence from both sides, and the claimants have a real prospect of success; summary judgment is inappropriate and the matter must proceed to trial.

Citation
[2018] EWHC 2476 (Ch)
Parties
Claimant: Jane Goss-Custard; Claimant: Sarah Edworthy; Defendant: Lesley Templeman; Defendant: Michael Richard Templeman
Jurisdiction
England and Wales
Judgment Date
24 September 2018
Procedural Posture
Probate Claim / Summary Judgment Application
Outcome
Application for summary judgment dismissed; claim to proceed to trial.
Legal Topics
Testamentary Capacity, Summary Judgment, Validity of Wills
Probate Wills and Estates Testamentary Capacity Summary Judgment Validity of Wills

Case Brief

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Parties

Jane Goss-Custard

Claimant

Sarah Edworthy

Claimant

Lesley Templeman

Defendant

Michael Richard Templeman

Defendant

Procedural Posture

Probate Claim / Summary Judgment Application

Legal Issues

  1. 1 Whether the deceased, Sydney William Baron Templeman, had testamentary capacity when executing the 2008 Will
  2. 2 Whether summary judgment should be granted pronouncing against the 2008 Will

Ratio Decidendi

There are triable issues as to the deceased's testamentary capacity in 2008, supported by credible evidence from both sides, and the claimants have a real prospect of success; summary judgment is inappropriate and the matter must proceed to trial.

Court Disposition

Application for summary judgment dismissed; claim to proceed to trial.

Orders

  • The claim will proceed to be listed for trial.