Office of the Legal Services Commissioner

<p>The Respondent Solicitor made unauthorised withdrawals of commission in breach of his fiduciary duty to the beneficiaries of two deceased estates. In particular, the Respondent Solicitor:</p><p>a.&nbsp;made calculations and payments of commission that were not authorised by the respective testator’s wills (and without accounts being passed and the Court determining the amount of commission);</p><p>b.&nbsp;failed to obtain the prior informed consent of all the beneficiaries prior to withdrawals for commission; and</p><p>c.&nbsp;failed to provide the beneficiaries with sufficient information to allow them to make an informed decision about the payment of commission.</p>