Decision record
Jonathan Horner
Allegation / charges
Breaches, Failures
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Jonathan Leslie Horner, an experienced probate solicitor and partner at Sussex Law Limited, prepared wills for numerous clients (many elderly, widowed and childless) under which significant legacies were left to him, his children, or the family of an employee (SC). The Tribunal found that he failed to ensure clients obtained genuine independent advice before executing wills - either providing no advice, retrospective advice, or advice from SC (his former secretary/paralegal) who was not independent. In the case of Client MA, who had dementia, he caused a will leaving him £100,000 to be executed when her capacity was in doubt. In the case of Client FF he asked SC to assess capacity after another solicitor (IM) had found FF lacked capacity. The Tribunal found express dishonesty in relation to clients EK, FF, CF, SS and MA, and lack of integrity throughout. Total legacies were £404,000 over four years. He was struck off the Roll and ordered to pay costs of £56,381.90.
Duties found breached:
- Honesty
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper benefit, loan or bequest
Aggravating factors:
- Motivation was financial personal gain
- Conduct was planned, deliberate, calculated and repeated over five years (nine occasions)
- Serious breach of a significant position of trust
- Preyed on vulnerable, often elderly, widowed and childless clients
- At least two clients (FF and MA) of doubtful capacity, MA with dementia diagnosis
- Total legacies bequeathed to him amounted to £404,000
- Astonishing lack of insight demonstrated in evidence
- Befriended clients, visiting out of office hours for no apparent professional reason
Mitigating factors:
- Some cooperation with the SRA investigation
- No previous disciplinary findings/previously unblemished record
- Accepted restrictions on practising certificate
- Made some very limited admissions