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

Sportswear specialist goes into liquidation Milano

Sportswear specialist goes into liquidation

10 Jul 2026

2

Manufacturers urged to cut through the AI hype Mark Edwards

Manufacturers urged to cut through the AI hype

10 Jul 2026

3

HR firm makes key development appointment Sonia Hanson

HR firm makes key development appointment

10 Jul 2026

4

Blackburn College brings national focus to tackling NEET challenge NEET

Blackburn College brings national focus to tackling NEET challenge

10 Jul 2026

5

Vape firm IVG targets £1bn revenue IVG Preston staff

Vape firm IVG targets £1bn revenue

08 Jul 2026

Blackburn College (July-Aug 26)
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
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

The Business Network Central and East Lancashire
LBV Header (34).png.png
LBV Hub Networking
16 Jul 2026 - 16 Jul 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Achieving more with your money: Your options at retirement
LBV Hub Seminars
16 Jul 2026

Achieving more with your money: Your options at retirement

Accrington Stanley Football Club, Accrington, BB5 5BX

17:55 - 17:55

Legacy & Leadership – Planning for Lift, Death and business continuity
Logo.jpg.jpg
LBV Hub Seminars
21 Jul 2026

Legacy & Leadership – Planning for Lift, Death and business continuity

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 10:30

Preston Freelancer Meet-Up July
LBV Hub Networking
21 Jul 2026

Preston Freelancer Meet-Up July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

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