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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.

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The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land.Alternatively, is there a way of legally trying to achieve the required objective?If the document is putting in place something which “should have been done” but hasn’t been, usually for tax or similar reasons, then the position is straightforward.For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.

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