This article looks at the case of Re MacDougall [2026] EWHC 1142 (Ch). The court considered six main legal issues about making a will, as well as a separate issue called ademption. Five of the issues involved well-established legal rules, including mental capacity, understanding and approving a will, undue influence and the duties of attorneys. The sixth issue was less certain and is the main focus of this article: can a will be rescinded on the grounds of a mistake?
Clerk Details
- Clerk Name: Abi Griffin
- Clerk Telephone: 01202 292102
- Clerk Email: [email protected]
Overview
Jack Felvus’ practice comprises of property and estates disputes, and public law claims (particularly in the field of education). He is regularly instructed to advise and represent clients at all stages of a case, with experience of appearing at all levels of the court system, from the County Court to the High Court and specialist Tribunals.
Within the estates sphere, Jack has a particular focus on traditional chancery work, including probate-related matters, and trusts. He has experience in a wide variety of disputes, including those between executors, administrators. Recently, Jack has been led in disputes concerning will validity, with cross-border elements.
Within the wider property sphere, Jack’s experience includes dealing with both residential and commercial landlord and tenant claims, including forfeiture, private-sector possession proceedings, and claims involving shared ownership. He has been instructed in disputes arising out of planning issues, and specifically those comprising the tortious claims of misfeasance and conspiracy.
Jack is also building a complementary public law practice, particularly in the education sector. He has recently been instructed as junior counsel on a commercial dispute involving fraud during a university’s admission process, as well as more generally on judicial review claims and EHCP appeals to the First-tier Tribunal.
Expertise
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Property and Estates Add this expertise to your shortlist Jack’s practice encompasses the full sphere of property and estates work, with a particular focus on probate-related matters. Recently, Jack has been led by Michael Tomlinson KC on various cases including a cross-border will validity dispute. He also has experience in matters involving:
Applications to remove executors under s.50 AJA 1985/s.116 Senior Courts Act 1981, and the appointment of professional administrators;
Will validity claims involving undue influence, and want of knowledge and approval;
Advising executors on their duties on administration;
The operation of trusts, and vesting orders under s.44 Trustee Act 1925He has experience acting in landlord and tenant claims in the commercial and residential sphere, and wider real property neighbour disputes. Some notable recent experience includes dealing with matters involving:
- Trespass;
- Nuisance;
- Leakey duties, and rights/easements of support;
- Residential landlord and tenant proceedings, including those involving a shared ownership element;
- Forfeiture in cases involving long leases in both commercial and residential sphere;
- Disrepair claims.
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Education Law Add this expertise to your shortlist Jack has a growing public law practice, which has recently comprised of:
- Judicial review claims in the education sector, including s19 Education Act 1996, s42 Children and Families Act 2014,
- Acting for HMRC in a stamp-duty land tax recovery dispute;
- Advising a local authority on out-of-area placements of children with Education, Health and Care Plans; and
- EHCP appeals to the First-tier Tribunal
Jack has notable experience acting for universities in contractual disputes arising out of fraudulent and deceptive applications. Jack understands the commercial sensitivity and ramifications of such claims. Most recently, Jack was instructed in claims, involving fraudulent presentation of academic certificates during an international admissions process.
Jack is a member of the Attorney General’s Junior Junior Panel.
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Personal Injury Add this expertise to your shortlist Jack maintains a practice in personal injury work, where he has recently accepted instructions in cases involving:
- Road traffic accidents
- Credit hire
- Employers’ liability
- Occupiers’ liability
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Articles -
The Rectification of Wills Mistake and Re Macdougall [2026] EWHC 1142 (Ch)
21st Jul 2026View Article -
A limitation lacuna, mortgages and the importance of clear Will drafting
22nd Jan 2024View ArticleThis article was published by LexisNexis and requires a subscription to access.
The article gives practical advice about the construction of wills and the issue of ambiguous clauses under s21(1)(c) Administration of Justice Act 1982, and considers the application of s17 and s20 Limitation Act 1980 for private client lawyers when contesting and changing Wills and advising their clients about the prospects of this.
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Probate costs: those who have shewn good cause?
5th Jul 2024View Article3PB expert commercial, costs and property law barrister Cheryl Jones and pupil barrister Jack Felvus have written on the relevance of Part 36 offers in the legal costs arising from probate litigation.
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Paul and Another v Royal Wolverhampton NHS Trust [2024] UKSC 1: A Case Summary
12th Mar 2024View Article3PB pupil barrister Jack Felvus and specialist clinical negligence barrister Hamish Dunlop have written a case summary where the Supreme Court judgment provided clarity in secondary victim claims made in a clinical negligence context.
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