Solicitors Act 1974

[F1 23 Unqualified person not to prepare papers for probate etc. E+W

(1) Subject to subsections (2) and (3), any unqualified person who, directly or indirectly, draws or prepares any papers on which to found or oppose—

(a) a grant of probate, or

(b) a grant of letters of administration,

shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and liable on summary conviction to a fine not exceeding the first level on the standard scale.

[F2 (2) Subsection (1) does not apply to a barrister or duly certificated notary public.

(3) Subsection (1) also does not apply to any act done by a person at the direction and under the supervision of another person if—

(a) that other person was at the time his employer, a partner of his employer or a fellow employee; and

(b) the act could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under this section.]

[F2 (2) Subsection (1) does not apply to—

(a) a barrister;

(b) a duly certificated notary public;

(c) the Public Trustee;

(d) the Official Solicitor;

(e) any institution which—

(i) is authorised by the Bank of England, under Part I of the Banking Act M1 1987, to carry on a deposit–taking business; and

(ii) satisfies the conditions mentioned in subsection (2A);

(f) any building society which—

(i) is authorised to raise money from its members by the Building Societies Commission under section 9 of the Building Societies Act M2 1986; and

(ii) satisfies those conditions;

(g) any insurance company which—

(i) is authorised under section 3 or 4 of the Insurance Companies Act M3 1982; and

(ii) satisfies those conditions;

(h) any subsidiary (as defined by section 736(1) of the Companies Act M4 1985) of a body falling within paragraph (e), (f) or (g)—

(i) whose business, or any part of whose business, consists of acting as trustee or executor; and

(ii) which satisfies those conditions.

(2A) The conditions are that the body is a member of, or otherwise subject to, a scheme which—

(a) has been established (whether or not exclusively) for the purpose of dealing with complaints about the provision of probate services; and

(b) complies with such requirements as many be prescribed by regulations made by the Lord Chancellor with respect to matters relating to such complaints.

(3) Subsection (1) also does not apply to—

(a) any act done by an officer or employee of a body corporate at a time when it is exempt from subsection (1) by virtue of any of paragraphs (e) to (h) of subsection (2) or by virtue of section 55 of the Courts and Legal Services Act 1990 (preparation of probate papers etc.); or

(b) any act done by any person at the direction and under the supervision of another person if—

(i) that other person was at the time his employer, a partner of his employer or a fellow employee; and

(ii) the act could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under this section.

(4) For the avoidance of doubt, where a person does any act which would constitute an offence under subsection (1) but for an exemption given to him by this section or by or under any other enactment, he shall not be guilty of an offence under section 22 by virtue of having done that act.]]

Textual Amendments

F1 S. 23 substituted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 7

F2 New subsections (2), (2A), (3), (4) substituted (prosp.) for subsections (2), (3) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 54(1), 59(1), 124(3)

Modifications etc. (not altering text)

C1 S. 23 restricted by Administration of Justice Act 1985 (c. 61, SIF 34), s. 69(5), Sch. 9 para. 6

C2 S. 23(1) excluded (prosp.) by Administration of Justice Act 1985 (c. 61, SIF 34), ss. 9(3)(4), 69(2)

C3 S. 23(1) excluded (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 55(1), 59(1), 124(3)

Marginal Citations

M1 1987 c.22. (10).

M2 1986 c.53. (16).

M3 1982 c.50. (67).

M4 1985 c.6 (27).