Solicitor fined for will misconduct

Tribunal stops short of striking off Terras

the woman about her will which appointed him and his wife as executors and left a third share of her £ 55,000 estate to their son.

Two women who had originally been appointed as executors in the first draft of the woman’s will made a complaint about Mr Terras following her death in 2013.

The SSDT panel found that there was a clear conflict of interest in both cases and fined Mr Terras £ 8000 for his “reprehensible” conduct.

Nicholas Whyte, chairman of the disciplinary tribunal, said: “The tribunal considered that to act for the purchaser of a property where he had a personal interest in the purchase in that his wife was lending the funds for the purchase was a clear conflict of interest.

“In addition the tribunal was satisfied that in the same circumstances the acceptance of instructions to draft the purchaser’s will naming members of his family as beneficiaries was also a very clear breach of the Code of Conduct for Solicitors.

“In all the circumstances the tribunal considered that such clear breaches of professional rules would be viewed by the profession as serious and reprehensible departures from the standard expected of a competent and reputable solicitor.

“The tribunal therefore considered that the respondent’s conduct amount e d t o professional misconduct.”

Mr Terras told the tribunal the woman had been a close family friend for many years and his family regularly visited her on Arran, which he described as an “informal community”.

He had been visiting the island in 2003 when he entered into discussions about the house purchase and blamed his error on being in “holiday mode” and not having his “professional head on”.

He said the woman was sharp mentally and did not want to take separate legal advice although he now realises he should have insisted she did.

The house was transferred into the names of Mr Terras and his wife in 2006 and it is now valued at £ 140,000.

He said he realised there was a conflict of interest with his involvement with the will and later passed its preparation to another firm run by a friend.

Mr Whyte said the tribunal had stopped short of striking off Mr Terras as a solicitor as there was no suggestion he had set out to deceive the woman.

He added: “The tribunal noted there was no allegation of dishonesty and took into account the relationship was akin to a familial relationship.

“The tribunal would have taken a very different view of the matter if the respondent had taken advantage of a client he did not know purely for personal gain.”

Mr Terras produced written testimonials to the tribunal about his good character from fellow lawyers, a church minister and a local councillor.