Read the long- awaited decision of Alan Wilson J handed down today in LSC v Bone  QCAT.
The LSC brought charges against a solicitor in relation to an estate. The interesting findings include:
- Rule 10.1 of the (old) Solicitors Rule, which required that a solicitor who receives instructions from a client to draw a will appointing the solicitor as an executor must inform the client in writing and before the client signs the will of any entitlement of the solicitor to claim commission, of the inclusion in the will of any charging clause and, if there may be an entitlement to claim commission, that the person could appoint, as executor, a person who might make no claim for commission. The charge of unprofessional conduct was dismissed in circumstances where the will was drawn urgently and oral advice was given to one of the two (married) testators to the effect of r10.1.
- That a solicitor, acting as executor, cannot enter into a costs agreement with him/herself. If they do, the agreement will be void and they will only be able to recover scale costs.
- The practitioner was awarded indemnity costs.