The ironic case of Lord Templeman’s will

By Brabners LLP

30 Jun 2022

shutterstock_451268143.jpg

Claims brought to challenge the validity of a testator’s will based on a lack of testamentary capacity are heavily reliant upon evidence, whether that be from friends and family members or from experts.

If a person challenging the will can prove that on balance, the testator was likely to have lacked the requisite testamentary capacity at the time the will was executed, then the court will be expected to declare the will to be invalid.

Accordingly, it was recognised in the case of Kenward v Adams [1975] that in some cases more consideration must be given to a testator’s mental capacity at the time instructions are taken. In his judgment, Lord Templeman established the ‘Golden Rule’ which provides that where a testator is elderly or has been ill, the will ought to be witnessed or approved by a medical practitioner who is satisfied as to the capacity and understanding of the testator.

Quite ironically however, Lord Templeman’s own capacity to make a will later became the subject of a dispute following his death in 2014. The claim was brought by Lord Templeman’s son, Michael who sought to have the 2014 will set aside on the basis that his father lacked testamentary capacity.

The crux of the dispute related to the property (known as ‘Mellowstone’) which Lord Templeman shared with his second wife, Sheila. By his 2001 will (and subsequent Codicil dated 2004), legacies were provided for each of his six grandchildren, together with £120,000 to Sheila’s two daughters, Jane and Sarah with any greater value of Mellowstone falling into his residuary estate to be shared between his two sons, Michael and Peter. By his 2008 will however, the legacies to the grandchildren had been removed and instead, Jane and Sarah were due to benefit from Mellowstone entirely with the residuary estate passing to Michael and Peter.

Michael argued that his father’s memory began to deteriorate by May 2006, which was later found to be the early stages of Alzheimer’s disease (as supported by medical evidence). It was also said that Lord Templeman was grief-stricken following the death of Sheila shortly before he executed the 2008 will, and contemporaneous evidence suggested that grief had exacerbated his condition (albeit he was undiagnosed at the time). Nonetheless, Lord Templeman provided instructions to his solicitor to prepare the 2008 will.

Remarkably, whilst the solicitor did recognise that Lord Templeman’s short-term memory had declined, the solicitor was satisfied from his own judgment that Lord Templeman was of sufficiently sound mind to execute the 2008 will. In essence, Lord Templeman’s solicitor had failed to follow the Golden Rule which Lord Templeman himself had established.

In considering the case, Mr Justice Fancourt did eventually find that Lord Templeman had the requisite testamentary capacity to execute the 2008 will having regard to an expert report obtained post-death. Whilst not surprised that the solicitor did not refer Lord Templeman for a medical assessment having taken into consideration his intellectual capacity and reputation, Mr Justice Fancourt did reiterate the importance of following the Golden Rule. Undoubtedly, this was the foundation upon which the litigation had been borne at a significant cost to all parties which could otherwise have been avoided.

Further information regarding contesting a will is available on our website. Alternatively, please contact a member of our contentious probate team who would be happy to assist.

Brabners in Lancashire is located at Sceptre Court, Walton Summit. If you would like to discuss anything raised in this article, please give us a ring on 01772 823921, quote “LBV” and a member of our team will be happy to assist you.  

If you would like to receive more content like this, please head to our website where you can subscribe to receive regular updates of current articles and events. 

Latest news

1

Public consultation for proposed merger of Blackpool and The Fylde College and Furness College Blackpool and the Fylde College

Public consultation for proposed merger of Blackpool and The Fylde College and Furness College

26 Mar 2026

2

Preston Council invests £1m in plans NW Mutual Bank NW Mutual Bank

Preston Council invests £1m in plans NW Mutual Bank

26 Mar 2026

3

BAE boost as UK signs Typhoon support contract with Turkey Typhoon aircraft new

BAE boost as UK signs Typhoon support contract with Turkey

26 Mar 2026

4

Burnley gets £4.8m heritage boost for town centre regeneration Burnley secures £4.8 million heritage boost for town centre regeneration

Burnley gets £4.8m heritage boost for town centre regeneration

25 Mar 2026

5

Celebrity chef launches training academy at Blackburn College Lisa Goodwin Allen at the academy at Blackburn College

Celebrity chef launches training academy at Blackburn College

24 Mar 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV Magazine Networking Events - SAVE THE DATES
Jan/ Feb Networking Event - Talking
Networking
14 May 2026

LBV Magazine Networking Events - SAVE THE DATES

Lancashire

08:30 - 10:30

The Employment Rights Act 2025: What you need to know
Logo.jpg.jpg
LBV Hub Seminars
26 Mar 2026 - 26 Mar 2026

The Employment Rights Act 2025: What you need to know

Lancaster & Morecambe College, Lancaster, LA1 1TZ

08:00 - 10:00

90 Day Business Planning Workshop
LBV Hub Networking
27 Mar 2026 - 27 Mar 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

The Ultimate Music Quiz
Logo.jpg.jpg
LBV Hub Fundraisers
27 Mar 2026 - 27 Mar 2026

The Ultimate Music Quiz

Morecambe Football Club, Morecambe, LA4 4TB

19:00 - 22:30

Lancashire Business Expo 2026
SE, Lancashire 2025.png.png
LBV Hub Exhibitions
27 Mar 2026 - 27 Mar 2026

Lancashire Business Expo 2026

Sir Tom Finney Sports Centre, Preston, PR1 2HE

09:00 - 15:00

RISE - a tailored 6 month leadership programme for women across the North West
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
15 Apr 2026 - 15 Apr 2026

RISE - a tailored 6 month leadership programme for women across the North West

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

The Business Network Central and East Lancashire
LBV Header (31).png.png
LBV Hub Networking
16 Apr 2026 - 16 Apr 2026

The Business Network Central and East Lancashire

Mytton Fold, Blackburn, BB6 8AB

11:30 - 14:15

Sickness Absence: key actions for your business
Logo.jpg.jpg
LBV Hub Seminars
22 Apr 2026 - 22 Feb 2026

Sickness Absence: key actions for your business

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Freelancer Meet-Up April
April Freelancer Instagram size.png.png
LBV Hub Networking
23 Apr 2026 - 23 Apr 2026

Freelancer Meet-Up April

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 00:00

Vibe Coding: "Who owns what when no one wrote the code?"
April PTC Banner.png.png
LBV Hub Networking
28 Apr 2026 - 28 Apr 2026

Vibe Coding: "Who owns what when no one wrote the code?"

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin