Goss-Custard & Anor v Templeman & Ors

Goss-Custard & Anor v Templeman & Ors

There are triable issues as to the deceased's testamentary capacity in 2008 and the validity of the 2008 Will. The claimants' case is not inherently improbable and there is no extraneous evidence contradicting their position. Summary judgment is inappropriate and the matter must proceed to trial.

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 / Summary Judgment Application
Outcome
Application for summary judgment dismissed; claim to proceed to trial.
Legal Topics
Testamentary Capacity, Validity of Will, Summary Judgment, Burden of Proof
Succession Probate Trusts Testamentary Capacity Validity of Will Summary Judgment Burden of Proof

Case Brief

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Parties

Jane Goss-Custard

Claimant

Sarah Edworthy

Claimant

Lesley Templeman

Defendant

Michael Richard Templeman

Defendant

Procedural Posture

Probate / Summary Judgment Application

Legal Issues

  1. 1 Whether the deceased had testamentary capacity when executing the 2008 Will
  2. 2 Whether there is a real prospect of success for the claimants in proving the validity of the 2008 Will
  3. 3 Whether summary judgment should be granted against the 2008 Will

Ratio Decidendi

There are triable issues as to the deceased's testamentary capacity in 2008 and the validity of the 2008 Will. The claimants' case is not inherently improbable and there is no extraneous evidence contradicting their position. 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 be listed for trial.
  • Further directions as to evidence to be addressed at a later hearing.