- Testamentary Capacity—The Will of Lord Templeman (Re the estate of the Right Honourable Sydney William, Baron Templeman of White Lackington)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: A Will made in 2008 by the late Law Lord, Lord Templeman, was held not invalid for lack of testamentary capacity. Lord Templeman’s 2008 Will revoked and superseded a Will made in 2001, subject to a 2004 codicil. The 2008 Will altered the way in which a property, Mellowstone, was to be treated. The court rejected, on the facts, the defendants’ assertion that Lord Templeman’s memory was so bad at the date of the 2008 Will such that he lacked testamentary capacity. It also held that, as a matter of law, even if Lord Templeman had forgotten about the terms of the 2001 Will and the 2004 codicil that would not have been sufficient to lead to a finding of lack of testamentary capacity. Christopher Snell, barrister at New Square Chambers, examines the decision.
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