Douglas Burnett

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Douglas Burnett, sole executor of the estates of Mr and Mrs H, was found guilty of professional misconduct singly and in cumulo for accepting instructions to administer two estates without the competence to complete them within a reasonable timescale, causing extraordinary delays (up to 7 years), failing to communicate with clients and HMRC (incurring over £10,000 interest), failing to distribute legacies despite being in funds, and failing to reconcile estate accounts. No dishonesty was found. The Tribunal censured him, fined him £6,000, ordered him liable for expenses, and directed publicity naming him.

Duties found breached:

• No taking unfair advantage
• Good faith and courtesy to colleagues
• Not misrepresent regulated status

Aggravating factors:

• Prolonged, repeated and numerous delays in administering both estates (took years rather than reasonable timescale)
• Accepting instructions for Mr H's estate despite failures/delays already occurring with Mrs H's estate
• Failure to distribute legacies to beneficiaries despite being in funds to do so
• Interest charges in excess of £10,000 incurred due to inaction with HMRC
• Astonishing lack of insight and no remorse; cavalier attitude
• Significant consequences for wealthy estates and beneficiaries
• One previous finding of unsatisfactory professional conduct

Mitigating factors:

• Fully engaged with proceedings and took legal advice
• Entered a Joint Minute which expedited matters
• Acted respectfully towards the Tribunal
• No previous findings of professional misconduct
• Retired and no longer holds a practising certificate, reducing risk to public
• Successful professional indemnity insurance claim provided recompense to former clients
• Limited/modest income