Julie Marie Croll v The Estate of Margaret Mary Thorpe & Ors

Facts

The claimant, Julie Marie Croll, and the second and third defendants, Jacqueline Mary Cullis and Peter Dennis Thorpe, are siblings and the adult children of Arthur Dennis Thorpe, who died on 7 February 2024, and Margaret Mary Thorpe, who died on 2 May 2025. Mr Thorpe suffered a stroke in December 2017 aged 78, and the extent of his resulting cognitive impairment is central to the dispute. He and his wife lived with Peter from April 2018 until June 2021, when Mr Thorpe went to stay with the claimant and did not return; divorce proceedings against Mrs Thorpe followed. In July and August 2021 solicitors prepared documents for Mr Thorpe including lasting powers of attorney in favour of the claimant and her two daughters, and a will dated 17 August 2021 leaving his estate to the claimant. In Court of Protection proceedings, HHJ Robin Tolson KC held that Mr Thorpe lacked capacity to execute the LPAs, and his order went further, declaring under section 15 of the Mental Capacity Act 2005 that Mr Thorpe lacked testamentary capacity in 2021 and that the 2021 will was invalid. The claimant now propounds the 2021 will in this probate claim, commenced on 8 July 2025, against Mrs Thorpe's estate. The defendants applied to strike out the claim or for summary judgment.