Executor Advice

[Scottrain]

Hello and thanks for accepting my registration.
briefly -
4 executors from adults will
1 was executor and attorney, continuing power of attorney granted 2009 in Scotland.
When adult died, attorney went to solicitor with draft inventory and did not tell other 3 executors
solicitor gained official confirmation from sheriff court

3 executors have uncovered gross misappropriation of adult funds over the past 9 year by attorney.

by solicitor signing falsely official declaration for final inventory to court that was incorrect and not accurate, where does this leave him professionally?
by 1 executor and also attorney submitting false official draft inventory details to solicitor, are they open to prosecution?

grateful for any advice.

[des8]

As you are in Scotland tagging ScottishSolicitor for you

[Scottrain]

Yes all involved in Scotland.

[ScottishSolicitor]

I think that there are quite a few complex issues intertwined here. When you say "gross misappropriation" what sort of sum of money are you talking about roughly?

[Scottrain]

Over £100k

[ScottishSolicitor]

In that case if you were coming to me for advice on the various issues involved I would recommend obtaining counsel's opinion.

[Scottrain]

Thank you for advice, in your opinion is the solicitor and attorney on difficult ground? Are you in a position to comment either a yes or no on the information I have supplied? Really appreciate your time.

[ScottishSolicitor]

Hi I can't give firm advice on an internet forum and especially not in a matter like this that is so fact sensitive. If you were my client I would be firstly taking a very detailed statement of the background circs and then almost certainly recommending seeking counsel's opinion