A probate solicitor who repeatedly misled clients about grant of probate applications – in one case for 19 months – has been struck off.
Rachel Parker, who was admitted to the Roll in February 2019 and ceased practising after being dismissed from her role at Buckles Solicitors LLP in March 2024 – made statements in correspondence and during telephone calls which suggested she had submitted grant of probate applications and chased applications with the Probate Registry, when she had not.
At least eight instances of misconduct were identified by the Solicitors Regulation Authority (SRA). In one case, instructions were taken to apply for a grant of probate in February 2022 and Parker gave repeated assurances to the bereaved family that she had been “chasing the application” with the Probate Registry, which she claimed had been “a lottery for the last few years issuing some applications quickly and taking a ridiculous amount of time over others”.
She added in the June 2023 correspondence: “I am sorry this has become a concern for your Dad and can certainly update you regularly to put his mind at rest. I’ll chase the Probate Registry again tomorrow and update you after I have done so and will continue to regularly update you thereafter.”
There was no evidence of any steps having been taken to obtain the grant of probate after the initial meeting in February 2022 until September 2023, when the Probate Registry confirmed it had received documents in support of an application and that the grant of probate would usually be granted within about 16 weeks of receipt.
In other case, Barclays Bank wrote to the firm in February 2023 requesting a grant of probate to release funds. Parker took no steps in response to the letter until September 2023, at which time she prepared a letter to the bank purporting to enclose a certified copy of the grant of probate.
In February 2024, Barclays Bank again wrote to the firm stating the grant of probate was still required. When a second fee earner contacted the bank in March 2024, Barclays confirmed it had received no correspondence from the firm since 2022. The firm’s case management system showed no application for probate had ever been made.
A Solicitors Disciplinary Tribunal found that Parker had breached “any or all” of Principles 2, 4 and 5 of the SRA Principles and Paragraphs 1.4 and 3.2 of the SRA Code of Conduct for Solicitors, RELs and RFLS.
“The Tribunal found that the dishonest conduct was deliberate, calculated and repeated over a period of over a year,” the decision noted. “Ms Parker created a substantial risk of serious harm to her clients.”
In mitigation, which was not agreed by the SRA, Parker said she had been experiencing significant mental health challenges, including symptoms consistent with anxiety and depression which she said were exacerbated by excessive workloads, personal stressors, and a lack of adequate support at work. These difficulties directly contributed to her inability to manage deadlines, communications, and follow through on tasks, she told the SRA.
The SRA noted in its submissions that Parker had cooperated during the course of its investigation and in the SDT proceedings and offered “her sincere, and genuine, apology for the identified and admitted breaches”.
The tribunal determined that the appropriate sanction was to strike Parker off the Roll of Solicitors and did not find any exceptional circumstances that would justify a lesser sanction. Parker was also ordered to pay the £5,000 costs of the application.
