Finding
Professional misconduct under the Legal Profession Uniform Law (Vic) + common law misconduct
Penalty
Guilty of two charges of misconduct at common law and one charge of professional misconduct within the meaning of sections 297(1)(a) and 298(a) of the Uniform Law. Mr Howman has undertaken to the Tribunal and to the Victorian Legal Services Commissioner that he will not act as an executor of a deceased estate other than in relation to immediate family members and forthwith renounce any appointment as executor of a deceased estate (other than a deceased estate of an immediate family member) for a period of six months from the date of these orders. 1. Mr Howman is reprimanded 2. Mr Howman is to pay the sum of $41000 to the beneficiary of the estate 3. Mr Howman must complete 5 points of CPD in the areas of ethics or wills and probate such units to be undertaken within 6 months of the date of the orders. This obligation is in addition to Mr Howmans existing mandatory CPD requirements; and 4. Mr Howman must pay the Commissioners costs of the proceeding in the sum of $15000.