Article
Decided, But Not Binding: Issue Estoppel, The Court Of Protection And The Limits Of Will Validity Findings
A recent High Court decision clarifies the crucial distinction between capacity challenges during a person's lifetime and posthumous will validity disputes. When the Court of Protection declared a 2021 will invalid while the testator was still alive, could that finding bind later probate proceedings, or does the proper forum for determining testamentary validity remain exclusively with the probate court?

Macfarlanes LLP
