John Mark O'Hara Walker
Allegation / charges
Breaches
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent, a solicitor and STEP member acting in the estate matter of Mrs GH, failed to apply for a Statutory Will despite recommending it, causing her to die intestate without provision for her two disabled sons in care. After her death he made misleading/untrue statements about the administration of the estate, fabricated a Grant of Probate purportedly from the Brighton District Probate Registry, sent the fabricated grant to the client, and misled his employer about progress. The Tribunal applied the Ivey test and found his conduct passed the dishonesty threshold; dishonesty was admitted on allegations 1.2-1.5. The matter was resolved by agreed outcome on the papers, resulting in strike-off.
Duties found breached:
- Act in the client's best interests
- Integrity
- Non-discriminatory acceptance and cab-rank
- Uphold public trust in the profession
Aggravating factors:
- Dishonesty admitted in respect of four allegations
- Misconduct continued over a period of time from August 2013 to January 2017
- Dealing with vulnerable people - an aged client lacking capacity and disabled beneficiaries in care
- Fabrication of a Grant of Probate, an important public document, offending his duty as an officer of the court
- Failed to deliver on the deceased's wishes to protect her two sons in care