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

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons Typhoon aircraft

£453.5m investment to deliver advanced new radar for Royal Air Force Typhoons

22 Jan 2026

2

Rose departs EG ahead of US IPO EG

Rose departs EG ahead of US IPO

22 Jan 2026

3

Eric Wright Charitable Trust unveils six-year charitable giving strategy Previous funded project supporting young people

Eric Wright Charitable Trust unveils six-year charitable giving strategy

21 Jan 2026

4

IN4 Group acquires Midlands apprenticeship provider ATL Mo Isap, founder and CEO of IN4 Group; Andy Beaden, co-founder and Chairman of IN4 Group; and the founders of GMP Recruitment James Cronin and Mike Pincott.

IN4 Group acquires Midlands apprenticeship provider ATL

21 Jan 2026

5

‘Dithering’ on defence spending puts thousands of jobs at risk, union warns Typhoon production Warton

‘Dithering’ on defence spending puts thousands of jobs at risk, union warns

20 Jan 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
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

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

09:30 - 15:30

The Marketing Meetup: Lancashire (January)
LBV Hub Networking
27 Jan 2026

The Marketing Meetup: Lancashire (January)

Six Connections, Slater Terrace, Burnley, BB11 4SA

18:00 - 20:00

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026
Employment Rights Act Update for Businesses.png.png
LBV Hub Webinar
27 Jan 2026 - 27 Jan 2026

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026

Online via Zoom, Preston, PR5 6AW

09:30 - 10:30

Chamber Breakfast – February
Logo.jpg.jpg
LBV Hub Networking
03 Feb 2026 - 03 Feb 2026

Chamber Breakfast – February

The Olive Branch, Lancaster, LA1 4XQ

08:00 - 10:00

Business Breakfast Networking Event
LBV Hub Networking
04 Feb 2026 - 04 Feb 2026

Business Breakfast Networking Event

Media Factory, University of Lancashire, Preston, PR1 2HE

08:00 - 10:30

E-commerce in 2026: From stores to systems
PTC banner Feb 26.jpg.jpg
LBV Hub Networking
10 Feb 2026 - 10 Feb 2026

E-commerce in 2026: From stores to systems

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Degree apprenticeship information sessions for businesses
student centre entrance.jfif.jpg
LBV Hub Webinar
10 Feb 2026 - 13 Feb 2026

Degree apprenticeship information sessions for businesses

University of Lancashire, Virtual event, -

10:00 - 09:30

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Payroll Update 2026 Red Hall Hotel
Payroll calculator new.jpg.jpg
LBV Hub Seminars
13 Mar 2026 - 13 Mar 2026

Payroll Update 2026 Red Hall Hotel

Red Hall Hotel, Bury, BL9 5NA

08:00 - 10:00

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