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Glasgow solicitor struck off

William Meechan, a1 solicitor responsible for a litany of failures has been found guilty of professional misconduct as a result of numerous failures, including dealing with executry [estate] proceeds in such a way as to conceal a client’s financial position when she was claiming state benefits, and failing to issue a fee note to an executry before deducting his fees from the estate account.

The Tribunal could not accept that a would address the serious nature of this conduct as significantly as the honesty and trustworthiness of the Respondent demonstrated that the Respondent was not a fit person to be a solicitor. The Tribunal unanimously concluded that the appropriate disposal was to strike the name of the Respondent from the Roll of Solicitors in Scotland.

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Can your Will be challenged?

Under the Inheritance (Provision for Family and Dependants) Act 1975, a will can be challenged if the deceased failed to provide reasonable financial provision for a spouse, cohabitee, dependant or child. Where a claim is upheld, the beneficiaries named in the will receive less than they were originally bequeathed.

A well-drafted will and a ‘statement of reasons’ can often help to avoid claims under the act or help to defend such a claim in court. A statement of reasons should be carefully drafted by the practitioner, and signed by the testator.

Litigation of this sort is becoming more prevalent partly due to ‘no win no fee’ agreements and peoples increasing financial needs. Where a claim is brought even if ultimately no award is made the administration of an estate can be delayed by up to three years. It is therefore essential where any potential claimants are being exclude by Will that a statement be prepared to help prevent any future litigation.