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

CMAC completes full acquisition of Coach Hire Comparison Cmac

CMAC completes full acquisition of Coach Hire Comparison

18 Sep 2026

2

'Mayoral devolution is an opportunity not to be missed' BwDBC Phil Riley

'Mayoral devolution is an opportunity not to be missed'

18 Sep 2026

3

Jobs axe falls as chemical plant closure confirmed AGC Logo

Jobs axe falls as chemical plant closure confirmed

18 Sep 2026

4

Partnership will drive AI innovation and growth across Lancashire Business School Partnership With Seriun 2026

Partnership will drive AI innovation and growth across Lancashire

17 Sep 2026

5

Feeling the buzz at Lancashire Business View issue 130 launch 130 Launch

Feeling the buzz at Lancashire Business View issue 130 launch

17 Sep 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
Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

19:00 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

The Marketing Meetup : Lancashire
Sept_TMM_Lancashire.png.png 22 Sep 2026 - 22 Sep 2026

The Marketing Meetup : Lancashire

Six Connections, One Slater Terrace, Burnley, BB11 1BU

18:00 - 20:00

Unfair Dismissal Reforms Under the Employment Rights Act: What Employers Need to Know
Brabners logp .png.png 23 Sep 2026

Unfair Dismissal Reforms Under the Employment Rights Act: What Employers Need to Know

Webinar , Remote , Remote

10:00 - 11:00

Launch Event - Business Support and Grant Programmes
Choose Chorley 23 Sep 2026

Launch Event - Business Support and Grant Programmes

Strawberry Fields Digital Hub, Chorley, PR7 1PS

08:45 - 11:00

The Business Network Central and East Lancashire
LBV Website Events GraphicBusiness Network 2 24 Sep 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Employment Law Update Lancashire
LBV Website Events GraphicEmployment Law 1 24 Sep 2026

Employment Law Update Lancashire

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

09:00 - 12:00

September Freelancer Meet-Up
 Freelancer Meet-Up Square September .png.png 24 Sep 2026 - 24 Sep 2026

September Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

90 Day Business Planning Workshop
90 Day Business Planning Workshop 25 Sep 2026

90 Day Business Planning Workshop

The Holiday Inn, Bolton, BL1 2EW

09:00 - 16:30

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin