Partner and Head of Private Client
James McMullan heads up our Private Client team. James started his career as a family lawyer, but over the years, his practice has grown to encompass all aspects of private client law, including estate planning, Inheritance Tax, lasting powers of attorney, lifetime gifts, living wills, mental capacity issues, probate and contentious probate, trusts and, of course, wills.
James prides himself on spending sufficient time with clients at the outset of a matter to fully understand their position, needs, and objectives. He is committed to resolving disputes effectively, frequently using alternative dispute resolution (ADR). Given its costs and uncertainty, court litigation is a last resort.
Regarding trust and probate matters, James McMullan advises his clients of the benefit of complying with the Association of Contentious Trusts & Probate Specialists (ACTAPS) code.
James McMullan is an associate member of The Association of Lifetime Lawyers, the Society of Trust & Estate Practitioners (STEP) and ACTAPS.
Languages: English and Spanish.
BA Spanish & Social Anthropology at Queen’s University, Belfast (1984)
LLB (Hons) Law at London Metropolitan University (1987)
Solicitor of England & Wales (Admitted 1990)
STEP Diploma in Trusts & Estates (distinction) (2006/8)
STEP Advanced Certificate in Will Drafting (2014)
ACTAPS Education Course 2012
ACTAPS Member (2014)
Expertise
Articles
What are trustee responsibilities? A guide to key duties and best practices – December 2024
Protect vulnerable people from fraud – September 2024
RIAA Barker Gillette (UK) urges families to plan ahead to minimise Inheritance Tax – August 2024
Legal jargon in wills: understanding your will – July 2024
Inheritance disputes on the rise – April 2024
We’re proud to support Update Your Will Week 2024 – 4 to 10 March 2024
Why make a will? – February 2024
Six Common Inheritance Tax Myths – December 2023
Charities, gifts and inheritance tax – December 2023
Chancellor’s autumn statement ended with a flourish – November 2023
Can you obtain an Emergency Power of Attorney? – November 2023
Protecting your business should you lose mental capacity – October 2023
Estate planning for blended families – August 2023
The Intestacy Rules Update – July 2023
Step-families and succession planning – June 2023
When is a gift of the family home, not a gift? – April 2023
Home visits for wills, LPAs and other sensitive topics – February 2023
What is a trust? – November 2022
HMRC deadline dispensation for trustees – October 2022
The benefits of having a will – August 2022
SFE: Why make a lasting power of attorney? – August 2022
HMRC impose new obligations on trustees – August 2022
Protecting your digital memories – July 2022
Powers of Attorney – making your wishes clear – July 2022
The Telegraph: Not just for a rainy day – June 2022
Inheritance Tax account IHT100 forms changes – June 2022
What are your children’s inheritance rights? – April 2022
The effects of Covid-19 on inheritance tax – February 2022
Processing an estate as an executor during COVID-19 – August 2020
Make your will the top of your list – April 2020
How to pass £1m to your children IHT free – April 2020
What is a personal representative? – August 2019
Feathering new nests for fledglings – August 2019
Asking to see your medical records – May 2019
Safeguarding’s vital when appointing others to act – April 2019
Can you ever be too young to create a Lasting Power of Attorney? – March 2019
Death and taxes are said to be the two certainties of life… – March 2019
The Highly Contentious ‘Non-Contentious Probate (Fees) Order 2018’ – March 2019
Death and taxes – March 2019
Soaring fees set deadline for executors and estate planning – December 2018
Too poor for retirement? – November 2018
Islamic Wills in England and Wales – September 2018
Tracking your digital worth for the next generation – April 2018
Where there’s a will there’s a way – September 2017
Taking stock pays off when planning for inheritance tax – March 2017
Sudden death – What to do – October 2016
Estate Planning
When advising clients on their wills, James can consider how inheritance tax will impact his clients’ estates and recommend an appropriate form of will structure as well as any relevant lifetime estate planning steps that can help to mitigate against inheritance tax on the family wealth.
Inheritance
James has dealt with many Inheritance (Provision for Family and Dependants) Act 1975 claims. But what are they?
Claims under the Inheritance Act allow specific categories of applicants to bring a claim against the estate of a deceased person where ‘reasonable financial provision’ was not made for them under the terms of the dead person’s will or the intestacy rules.
James recently settled a claim of this type in an estate with an approximate gross value of £1,000,000. He drafted the settlement to save considerable inheritance tax due on the estate.
Intestacy rules
Probate
James and his team can ensure that your loved one’s estate is administered efficiently and effectively, using all available allowances, exemptions, and reliefs from inheritance tax. At the end of the process, the executors will be provided with a final estate account, recording all of the critical information relating to the administration.
Disputes
Contentious probate claims are many and varied. For example, James recently recovered approximately £200,000 for clients disinherited due to lifetime gifts made by a deceased person alleged to have lacked mental capacity at the time and subject to undue influence.
Trust management and administration
James and his team can act as executors or trustees of a will trust or lifetime-created trust. They can deal with the legal management of a trust alongside accountants or family members to ensure the beneficiaries’ interests are protected and that the trustees manage any trust fund effectively.
Disputes
Again, trust disputes are many and varied. Still, a recent example includes resolving a longstanding family dispute over a will trust going back two generations, with an agricultural land aspect.
Wills
James will ensure that you consider all tax advantages before making your will and that it is drafted and documented in line with your wishes. He will ensure it is properly signed and executed, a common cause of wills disputes. Knowing that your will has been drafted and signed correctly and incorporates all available tax reliefs will give you peace of mind and protect your loved ones from potential disputes after you have gone. As well as setting out where you want your assets to go, you can appoint guardians for your children and continue supporting specific people should you choose to.
