The Wills and Estate Planning sector was shaken at the end of May following two separate convictions for dishonesty and fraud.
Michael Collier, a sole practitioner facing financial pressures at the turn of the decade, transferred almost £300,000 from his firm’s client account to the office account, between 2010 and 2018, in a bid to stem the flow of business liabilities.
Claiming that the charges were for probate work, costs or fees, Collier, a solicitor with over 25-years’ experience, moved vast amounts, including one payment of £102,000, between the two accounts.
However, no invoices were ever sent to clients and, because the work was entirely fictitious, Collier failed to write and inform his clients of the money they had been charged for the fantasy services.
Despite moving the money due to a desire to remain in business and continue providing legal services to his clients, by the time the Solicitors Regulation Authority (SRA) had started investigating the misconduct in 2018, Collier had misappropriated £291,655.
The solicitor, specialising in probate, has since been declared bankrupt. Although he has already repaid £59,100 and promises to repay the remaining money, his actions have severely damaged the trust a client may have in using the services within the sector.
In a more systematic, intentional and unscrupulous example of long-term fraud, former solicitor Charles Davies was jailed for four years and two months after changing his clients’ wills in order to benefit by more than £240,000.
Mold Crown Court heard that between 2010 and 2016 Davies went on a spree of dishonesty, stealing £241,000 from his clients by changing their Wills and placing himself as sole executor.
Judge Rowlands, the presiding judge in the case, speculated that Mr Davies used the money to supplement his healthy income by £48,000 per year over a five year period.
A short time before his client (Mr Williams – a retired headteacher) died, Davies, who had been given Lasting Power of Attorney (LPA) wrote a cheque to himself for £1,900.
Following the death of his client, Davies delayed applying for probate so that he could retain access to his client’s bank accounts. During this time, he would help himself to money as and when he needed it; this resulted in a daily flurry of £300 being withdrawn.
In this case, Mr Davies had also changed the Will, placing himself as sole executor. When beneficiaries and family members started enquiring about their inheritance, Davies flippantly changed the Will of two more clients in order to fund the £100,000 inheritance.
Having admitted his wrong doing in 2016 and already paying £44,000 back to the victims of his crimes, Mr Davies has started to repent. However his acts of dishonesty bring the profession into disrepute.
Although the Judge was swift to point out that legal professionals acting dishonestly is an extreme minority, the unfortunate conclusion of two incidents within the same week could have an adverse impact on the profession.
Are you aware of similar cases involving the dishonesty of a legal service representative? How important is maintaining trust when trying to encourage a reluctant nation to make a Will?
