Jian Jun (JJ) Liew’s Case Report on Croll v Thorpe
Jian Jun (JJ) Liew has written a case analysis on the recent decision in Croll v Thorpe [2026] EWHC 2232 (Ch).
The case concerned a dispute over the validity of a 2021 will and whether findings made by the Court of Protection gave rise to an issue estoppel. The High Court found that the Court of Protection did not have jurisdiction to determine Mr Thorpe’s testamentary capacity at the time the will was executed or the validity of the will itself.
The article considers the limits of the Court of Protection’s jurisdiction and the circumstances in which findings made in earlier proceedings may prevent an issue from being re-litigated.
The decision provides a useful reminder of the importance of selecting the correct time and forum in which to challenge the validity of a testamentary document.
