Anthony Reece Whitwell

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

Anthony Reese Whitwell, a partner at Penningtons Solicitors LLP, drafted the will of an elderly client where his undisclosed personal partner (a firm employee, DF) was a beneficiary. He then, acting as sole executor/trustee, exercised discretion under the will to appoint a £550,000 legacy in cash, jewellery and chattels to DF, drafting the Deed of Appointment so he was the sole appointor to avoid scrutiny. He subsequently told material untruths to SRA investigators and caused his solicitor to repeat them, falsely denying he had drafted the Deed. He admitted dishonesty (Twinsectra test) in respect of allegations 3-7. The Tribunal approved the agreed outcome, struck him off the Roll, and ordered costs of £56,500. Dishonesty allegations on allegations 1-2 and allegation 8 were withdrawn.</summary

Duties found breached:

• Proper basis for allegations
• Honesty
• Non-discriminatory acceptance and cab-rank
• No own-interest conflict
• No conflict between current clients
• No improper benefit, loan or bequest

Aggravating factors:

• Concealed an undisclosed personal relationship with beneficiary
• Deliberately drafted and executed Deed of Appointment as sole appointor to avoid scrutiny of partners
• Enriched his partner with £550,000 from estate
• Told untruths to SRA investigators and caused his solicitor to repeat untruths
• Amended and destroyed original attendance note

Mitigating factors:

• No previous disciplinary matters
• Made unconditional admissions of dishonesty to allegations 3-7
• Self-reported the matter to the SRA
• Cooperated in reaching agreed outcome, saving time and resources
• Poor mental state and personal difficulties at the time