Legal Services
Private Client -
Wills & Probate
What we do
Expert guidance for your
family, wealth and legacy.
We provide specialist legal advice in relation to all matters affecting private clients including, wills and estate planning often involving high net worth individuals with assets in foreign jurisdictions; the administration of estates and trusts and residential property transactions, including sales, purchases, remortgages and voluntary transfers.
We investigate title and restructure ownership of assets as part of estate planning. We act in disputed estate matters, in particular dealing with applications under the Inheritance Provision for Family & Dependents (Northern Ireland) Order 1979 and applications challenging the validity of Wills. Our team has extensive experience advising on enduring powers of attorney, controllership applications, Office of Care and Protection matters and statutory wills. We support clients and their families with sensitivity and professionalism where capacity issues arise. Several members of the Department have been appointed by the High Court to act as professional administrators (in place of nominated executors) and as controllers of individuals’ property and affairs.
Known for our responsive, approachable and client-focused service, we are committed to providing practical legal solutions with clarity, discretion and care at every stage of the client relationship.
The department has been consistently ranked in Legal 500 and Chambers. Legal 500 2025, commented that the team “ …manages to combine local business acumen with world-class legal technical knowledge”.
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Common questions
What is a Will and why do I need one?
Will is a legal document that allows you to specify who should benefit from your estate, after you have died. It’s very important that the wording used in your Will is clear and legally effective.
Without a valid Will, your estate will be dealt with under intestacy rules, which may not reflect your wishes or your family circumstances.
If you die Intestate and are not married or in a civil partnership with your partner at the date you die, your partner will not be entitled to receive any part of your estate under the intestacy rules.
How does marriage or entering a civil partnership affect your will?
Marriage/civil partnership will revoke (cancel) your existing Will unless it is made in contemplation of the marriage/Civil Partnership and this is made expressly clear in the Will itself.
How is inheritance tax calculated, and why is planning essential?
If the net value of your estate on your death is above the inheritance tax nil rate band (currently £325,000), the amount above it may be liable for inheritance tax at the rate of 40%. Planning can mitigate your estate’s tax liability. Certain beneficiaries such as charities, spouses or civil partners are exempt from inheritance tax. In addition, leaving your primary residence to children, stepchildren or grandchildren can in certain circumstances increase the threshold before inheritance tax becomes payable. We always recommend that tax advice is obtained.
What are the pros and cons of a Trust?
Pros – Trusts can be very useful for controlling (to some degree) how assets are managed and used after you have put assets into Trust. In some circumstances, Trusts may also protect vulnerable beneficiaries (by having someone who is independent control the funds for them).
Cons – Trusts can sometimes be complex and difficult to understand. Depending on the type of Trust, it may need to be registered with HMRC and there can be tax implications to consider.
Who can be appointed as an Attorney under an Enduring Power of Attorney (“EPA”) and why should I put an EPA in place?
Anyone aged 18 or over, and who has mental capacity to give their instructions and understand the nature of the document can enter an Enduring Power of Attorney
You can appoint more than one attorney. When you appoint more than one attorney you will need to decide how they can make decisions, whether they can only make joint decisions (a joint appointment), or if they are given the flexibility to act together and independently (a joint and several appointment).
In the event that you lose the capacity to manage your property and financial affairs, an Enduring Power of Attorney, gives you the assurance that the individual(s) you trust will look after these matters for you.
What is probate and when is it needed?
Probate is the legal process of ‘proving the Will’ in Court to confirm its validity. In order to apply for Probate there is a process, involving valuing assets, settling debts and taxes, Probate is the legal document that financial institutions and other bodies will require to enable the executors to deal with the assets held by the Deceased , in accordance with the Will. If there is no Will it may be necessary to apply for Letters of Administration.
What should I do if there is a dispute about a Will or estate in Northern Ireland?
In Northern Ireland, contentious probate may involve concerns about the validity of a Will, claims that someone was unduly influenced, coerced, questions about mental capacity, whether adequate provision has been made for certain individuals or disagreements between executors and beneficiaries. If you are involved in a dispute, it is important to seek legal advice early so that your position can be assessed and protected.
Specialist team
Neil Mulholland
Partner | Wills, Probate & Estate Planning Law
ProfileJonathan Coen
Partner | Wills, Probate & Estate Planning Law
ProfileSuzanne Harrison
Associate | Wills, Probate & Estate Planning Law
ProfileJames Greene
Solicitor | Wills, Probate & Estate Planning Law
Profile
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