Cheryl Jones and Jack Felvus consider the rectification of wills and the doctrine of Mistake

21st July 2026

3PB’s property barristers, Cheryl JonesCheryl JonesCall: 1996 and Jack FelvusJack FelvusCall: 2022, 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 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 The sixth issue was less certain and is the main focus of this article: can a will be rescinded on the grounds of a mistake?

To read Cheryl and Jack's full article please click here.

To contact or instruct Cheryl or Jack, please email Senior Practice Manager Matthew Scanlan on [email protected] or call 020 7583 8055, or email Chambers Director Mark Heath on [email protected] or call 0117 928 1520.