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Posted by / 05-Jun-2020 03:00

Backdating document

The Solicitors Disciplinary Tribunal ruled that wills specialist Robert Henry Foster knew he had consciously and deliberately created an invalid document, and judged that any altruism on his part was not sufficient to make dishonest conduct exceptional.Foster, of North Yorkshire firm Foster Law, admitted preparing an enduring power of attorney for his client in 2010, but backdating it to November 2003 and witnessing signatures as if the document was completed then.Therefore, if in doubt it is best to say “no” or to take external legal advice if appropriate.An experienced solicitor who backdated a power of attorney document – claiming he wanted to help his elderly client – has been struck off the roll.The best way to achieve this is to state openly in the document that it is recording an earlier oral agreement made on, and so is with effect from, a particular date and then date it the actual date it was signed.

Does he need to check to see whether that was actually the case or can he take an ostrich-like position and put his head in the sand and not ask any questions?The event did not happen during the time period required for the benefit so an attempt is being made to pretend that it did.This is a fraud on the tax authorities, a criminal offence and is likely to get the lawyer who prepared the document disciplined by his regulator and possibly also charged as a co-conspirator.He also has no way of knowing whether the backdating will be scrutinized by a regulatory authority or even a Court.For example, will the document be provided in support of the party’s tax position giving the impression that a signed legal contact was in place before it was?

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Needless to say, even these methods of “backdating” a document should not be used when there was no earlier agreement and the document is just an attempt to give a false impression that something occurred on an earlier date than it did.

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