Decision record
Paul Ignatius Boylan
Allegation / charges
In 2018, the Practitioner breached his fundamental duties to act in his client’s best interests in breach of ASCR 4.1.1 and failed to avoid any compromise to his integrity and professional independence in breach of ASCR4.1.4, in that he failed to: 1. take instructions from the client alone and free from family influences; 2. take appropriate steps to assess the client’s testamentary capacity to make his last Will; 3. keep detailed contemporaneous file notes of attendances on the client and instructions provided; and 4. failed to give the client a copy of his last Will in advance of the day it was signed and did not read it to the client or otherwise confirm the contents nor did he confirm whether the client had read the last Will himself before signing it. The client was a member of the Practitioner’s extended family and the Practitioner failed to appreciate that family member clients are entitled to expect the same high standards as any other client. — Unsatisfactory Professional Conduct
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
In 2018 the Practitioner acted for an extended family member in preparing his last Will and breached ASCR 4.1.1 and 4.1.4 by failing to take instructions free from family influence, assess testamentary capacity, keep file notes, and ensure the client understood the Will before signing. Conduct found to be unsatisfactory professional conduct. No express finding of dishonesty.
Duties found breached:
- Uphold public trust in the profession
- Act only on proper, lawful instructions
- Protect capacity and vulnerable clients
- No conflict between current clients
- Handle inadvertently received material
⚠ figures not found verbatim in the source were dropped: ["extracted_from_register_summary"]
Duties engaged
Documents
No documents recorded.
Source: https://lpcc.sa.gov.au/consumers/disciplinary-register