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 The sixth issue was less certain and is the main focus of this article: can a will be rescinded on the grounds of a mistake?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]
Property and Estates
Jack’s practice encompasses the full sphere of property and estates work. He has experience acting in landlord and tenant claims in the commercial and residential sphere.
Some notable recent experience includes dealing with matters involving:
- Disrepair claims;
- Trespass;
- Nuisance;
- Residential landlord and tenant proceedings, including those involving a shared ownership element;
- Forfeiture in cases involving long leases in both commercial and residential sphere.
Jack is also regularly instructed on probate related matters, offering experience in a variety of disputes including disputes between executors, administrators and will validity claims. 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 s50 AJA 1985, and the appointment of professional administrators;
- Will validity claims involving undue influence, want of knowledge and approval;
- Advising executors on their duties on administration;
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Articles -
The Rectification of Wills Mistake and Re Macdougall [2026] EWHC 1142 (Ch)
21st Jul 2026View Article -
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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Related News
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The second edition of our Property and Estates Law Newsletter edited by Antonietta Grasso is now available to read.
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3PB’s property barristers, Cheryl Jones and Jack Felvus, have written an article titled ‘The Rectification of Wills Mistake and Re Macdougall [2026] EWHC 1142 (Ch)'. 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...
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Welcome to 3PB’s September Education Law Newsletter. Edited by Jack Felvus, this edition features analysis from Katherine Anderson, John Friel, Alice de Coverley and Jim Hirschmann on
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- The legal and practical implications for schools of For Women Scotland Ltd v The Scottish Ministers
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Find out more about our Education for Local Authorities webinar series and our forthcoming 3rd Education Law Conference and lots of Education sector news. -
3PB are pleased to announce that barristers Alice Horn, Jack Felvus and Laurie-Elizabeth Ketley (pictured here, left to right) have successfully completed their twelve-month pupillages and become members of the 250-barrister, national chambers. Former Prince of Wales and David Karmel Scholar Alice Horn (call:2022) joins following a ten-year career in industry internationally. Alice is a much-in-demand barrister with significant experience in both County Court and High Court matters and specialises in commercial litigation, adjudication and...
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