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Disciplinary shadow hangs over barrister’s work on estate
A lawyer has stepped away from an estate matter over concerns his involvement could trigger disciplinary action.
Naomi Neilson
Barrister Bill Loukas asked the NSW Supreme Court to grant him leave to renounce probate over a deceased man’s will because a failure to do so “could expose him to disciplinary proceedings”.
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Loukas drafted the will and, as one of the executors, was set to receive an indexed annuity with a provision for the payment of a capital sum on the 10th anniversary of the deceased man’s death.
The executors were also going to be given a further capital sum on the finalisation of the deceased man’s affairs or when a particular grandson reached 21 years in lieu of other entitlements.
This was in addition to “a substantial entitlement to remuneration” the deceased man’s family agreed to give Loukas for his services.
Loukas’ intermeddling was “active and extensive over a substantial period of delay”, due to an investigation and disputes over the will.
The court found his application to renounce probate was “dictated by a prudence of doing so [to avoid disciplinary action], not an abstract unwillingness or incapacity to perform the obligations as executor”.
“It is difficult to imagine that [Loukas] did not bring to bear upon the steps taken by the plaintiffs in administration of the deceased’s estate his professional experience as a lawyer.
“Nor is it difficult to imagine that his professional expertise was a factor in the deceased’s family agreeing … to allow him, as an executor, a higher rate of remuneration than that for which the deceased’s will provided,” Justice Geoff Lindsay said.
In considering the laws governing renunciation, Justice Lindsay made it clear an order granting an intermeddling executor leave to renounce probate “should not be taken to operate to absolve the executor from any liability … he or she would otherwise have had arising from his or her conduct before renunciation”.
In his affidavit, Loukas said he had not received any fees or payment for his work and “does not intend to claim, and will not take any fees or commission” from any work already done on the estate.
Justice Lindsay granted leave to renounce probate of the deceased man’s estate and the estate of the man’s wife, who died years earlier.
“In my assessment, prudence dictates [Loukas] cease to have any role in administration of either of the two estates,” he said.
