Goss-Custard and another v Templeman and others

Will – Capacity. The first and the second defendants' application for summary judgment, pronouncing against a will made by the eminent former law-lord, Lord Templeman, in 2008 was dismissed. The claimants had sought an order pronouncing for the 2008 will, but the first and second defendants had argued that it was invalid, because the deceased had, at the relevant time, lacked testamentary capacity. The Chancery Division held that it had not been shown that the claimants had no real prospect of successfully establishing that the deceased had had the requisite testamentary capacity to make the 2008 will, and that the case raised triable issues that required determination at trial.

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