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Unlawful claim of an executor’s commission results in reprimand, fine

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A suburban solicitor who unlawfully claimed an executor’s commission on a deceased estate has been found guilty of professional misconduct in the Victorian Civil and Administrative Tribunal.

The Legal Services Commissioner charged Ms Lorraine Bauer with two counts of professional misconduct and two of unsatisfactory professional conduct after she claimed over $8,000 in commissions from a deceased estate. Ms Bauer, who operated a sole practice in Bentleigh, agreed to plead guilty to all charges.

Senior Member Smithers of VCAT reprimanded Ms Bauer and ordered that the full amount of the commission she claimed be repaid to the residuary beneficiary of the estate.  Ms Bauer was also ordered to undertake a series of monthly meetings with a mentor approved by the Commissioner at her cost, and to complete six additional units of continuing professional development in addition to the ten points each lawyer is required to undertake every year.

Further, Ms Bauer was ordered to pay a fine of $5,000 to the Legal Services Board.

For further information, download the VCAT orders. (81KB PDF)


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