Christopher Roy Penty

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

Christopher Roy Penty, a BC lawyer called in 1983 practising in Kelowna, prepared a will for a dying client (GD) whom he had met only once, naming himself as beneficiary of three-quarters of the estate and the Kelowna Hospice Foundation (of which he was president and director) as beneficiary of one-quarter. He drafted a declaration to exempt himself from trustee duties, failed to ensure the client obtained independent legal advice, did not disclose his beneficiary status or Hospice interest to the client or the surviving brothers, failed to deliver the Will/probate notice to intestate successors, filed false affidavits and a probate submission omitting the brothers, and used estate funds for personal purposes. He admitted the conduct constituted professional misconduct in an Agreed Statement of Facts. No express finding of dishonesty was recorded. He was permitted to resign effective September 28, 2017, with a seven-year undertaking not to seek reinstatement until September 28, 2024. No fine or costs were stated.

Duties found breached:

• Disclose adverse law to the court
• No improper communication with the court
• Disclose referrals, commissions and benefits
• No conflict between current clients
• No improper benefit, loan or bequest
• No improper use of client money

Aggravating factors:

• Respondent named himself beneficiary of three-quarters of the estate of a dying client he had met only once before
• Knew his actions were inappropriate, imprudent and would raise conflict of interest concerns
• Filed false affidavits and documents with the court and never advised the court they were false
• Used estate funds for personal purposes including personal loans, cash withdrawals, travel insurance and shareholder loans
• Experienced wills and estates practitioner who prepared 10-20 estate grants per year
• Did not disclose to the brothers or Hospice Foundation his beneficiary interest or receipt of real estate commission

Mitigating factors:

• Entered into an Agreed Statement of Facts and admitted the misconduct
• Returned/repaid the estate funds (approximately $137,145 held in trust) and reimbursed improper withdrawals
• Gave undertakings to the Law Society including trust and practice supervision and to cease wills and estates work
• Stated it remained his intention to comply with client's instructions to donate funds to charity