Family of Perth farmer who signed away £425k on deathbed given boost to law change campaign

Family of Perth farmer who signed away £425k on deathbed receive support for law change campaign

In a bid to change the law following the heartbreaking situation faced by a vulnerable Perth man who signed away £425,000 on his deathbed, a campaign has gained the backing of an older people’s charity. Hourglass Scotland has thrown its support behind the initiative led by the family of Willie Johnston, a farmer from Craigend in Perth, who passed away in January 2020 at the age of 60. The family is advocating for a new requirement for a medical professional to co-sign all legal documents of a vulnerable person to demonstrate their capacity.

Willie, a well-known figure at Perth Farmers’ Market and Perth Show, was presented with legal documents while in Perth ICU in late December 2019. However, shortly after, he informed his daughters, Laura Johnston-Brand and Karen Lee, that he had no memory of signing them, which led to implications that are still in effect. The Johnston family, who has had the Craigend farm for generations, suffered a devaluation of the estate and the redirection of hundreds of thousands of pounds from a life insurance policy to a business partner. To raise awareness for the campaign named Willie’s Law, Laura and Karen were part of a group distributing leaflets in Perth city centre in August this year.

The primary goal of Willie’s Law is to bring about comprehensive changes in Scotland’s adult safeguarding laws, with a focus on enhancing reporting systems and allocating dedicated resources to prevent abuse. Laura emphasised the importance of the proposed law, stating that it would offer protection to vulnerable individuals in Scotland by ensuring that medical and legal professionals collaborate in a person-centric manner to uphold the wishes of vulnerable individuals while safeguarding them against coercion or abuse. The family expressed their satisfaction in working alongside Hourglass to promote safer ageing in Scotland and protect the vulnerable population, underlining that everyone may face vulnerability at some point, making such measures crucial.

Veronica Gray, deputy chief executive and policy director at Hourglass, expressed the organisation’s pride in supporting Willie’s Law amidst Safer Ageing Week, with a focus on giving a voice to victims and their families. The hope is that through this campaign, tangible and enduring changes will be realised for older individuals across Scotland. Notably, in Scotland, it is currently legal to present documents to vulnerable individuals without additional safeguards in place. The solicitor who handled Willie’s case, Craig Robert Harvie, was found guilty of misconduct by a Law Society of Scotland tribunal in May 2023 and fined £5000. The tribunal determined that Harvie had operated in a conflict of interest, not in the best interests of the terminally ill Mr Johnston, who, though not lacking capacity as per medical evidence, was evidently vulnerable. The tribunal acknowledged that Harvie’s actions were not motivated by dishonesty or personal gain but rather a desire to assist a long-standing client in challenging circumstances.

In conclusion, the Johnston family’s advocacy for Willie’s Law sheds light on the vulnerabilities within the legal system that impact individuals like Willie Johnston. The collaboration between the family, Hourglass Scotland, and other supporters highlights the need for legislative reforms to safeguard the rights and interests of vulnerable individuals, ensuring their voices are heard and respected in legal proceedings, especially during times of vulnerability or incapacity.