Goss-Custard & Anor v Templeman & Ors

Goss-Custard & Anor v Templeman & Ors

Lord Templeman had testamentary capacity in August 2008 when he executed the will. His only impairment was episodic memory loss due to early Alzheimer's, but his working memory and intellect were intact. He comprehended and appreciated the claims on his estate, was not acting under a delusion or illusory belief, and the will was rational and duly executed. Forgetfulness or mistaken belief does not negate testamentary capacity unless it amounts to a fixed delusion.

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 / Judgment
Outcome
2008 will admitted to probate in solemn form
Legal Topics
Testamentary Capacity, Validity of Will, Alzheimer's Disease, Banks V Goodfellow Test, Delusion and Illusory Belief, Golden Rule, Lifetime Gifts
Succession Probate Trusts Testamentary Capacity Validity of Will Alzheimer's Disease Banks V Goodfellow Test Delusion and Illusory Belief +2 more

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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 / Judgment

Legal Issues

  1. 1 Whether Lord Templeman had testamentary capacity when executing the 2008 will
  2. 2 Whether an illusory belief or memory loss negates testamentary capacity
  3. 3 Whether the 2008 will should be admitted to probate

Ratio Decidendi

Lord Templeman had testamentary capacity in August 2008 when he executed the will. His only impairment was episodic memory loss due to early Alzheimer's, but his working memory and intellect were intact. He comprehended and appreciated the claims on his estate, was not acting under a delusion or illusory belief, and the will was rational and duly executed. Forgetfulness or mistaken belief does not negate testamentary capacity unless it amounts to a fixed delusion.

Court Disposition

2008 will admitted to probate in solemn form

Orders

  • 2008 will of Lord Templeman to be admitted to probate
  • Costs to be determined separately