The family of a Perthshire farmer who signed away a six-figure sum from his deathbed have won the support of a national charity in trying to change the law to protect vulnerable adults.
William Johnston gave up £425,000 in assets to his business partner while terminally ill at Perth Royal Infirmary in 2019.
The Perth lawyer involved in the signing was later fined £5,000 for professional misconduct for his actions in the deal.
Mr Johnston’s daughters have been campaigning for the Scottish Government to introduce Willie’s Law to ensure a medical professional co-signs legal documents of vulnerable people to prove they have capacity.
They believe such safeguards would protect other families in the future.
Now they have won the support of Hourglass, a national safer aging charity, who have incorporated the law into their manifesto and called on Holyrood to enact it.
‘We have memories no-one should have’
William Johnston was visited in hospital by his lawyer Craig Harvie on December 30 2019, who was acting on behalf of Mr Johnston’s business partner regarding his farm in Craigend, near Bridge of Earn.
During the meeting Mr Johnston signed a revised contract regarding the future of the farm.
It meant his cousin and business partner, Andrew Johnston, would receive £750,000 of life insurance money, which he could use to buy his cousin’s 50% share in the farm estate
The original agreement would have given life insurance cash to the partnership organisation rather than an individual member.
There were concerns that this would mean the farm, which had been in the family for nearly a century, would have to be sold.
Less than two weeks later, the farmer told his daughters Laura Johnston-Brand and Karen Lee that he had no memory of signing the documents.
He died in hospital on 19 January 2020 aged 60.
Laura believes a law change is needed ensure people have legal capacity before signing such wide reaching documents.
She told The Courier: “Our last memories of our dad aren’t sitting at his bedside and remembering good times as it should be, because we were scrambling to correct a wrong to give our dad peace.
“Instead we have memories no-one should have.
“Willie’s Law is desperately needed to protect vulnerable people as there is no safeguarding in place to protect from this.
“Everyone will be vulnerable on day and this could happen to you too.
“This law change is for everyone.”
Charity raise Willie’s Law campaign with Holyrood
Hourglass is now lending their support to the family’s campaign and have raised their demands with the Scottish Government.
Veronica Gray, deputy CEO and policy director at the charity said: “In our recent manifesto Hourglass asked the government at Holyrood to introduce Willie’s Law and an economic abuse strategy which would require a medical professional to co-sign legal documents of vulnerable people to prove they have legal capacity.
“Hourglass is proud to support Willie’s Law as part of Safer Ageing Week and to give a voice to victims and their families. Our hope is that through this campaign, we can bring about meaningful, lasting change for older people in Scotland.”
However, the Scottish Government currently appear unwilling to amend the law, believing current safeguards are enough.
A Scottish Government spokesperson said: “Our condolences remain with Mr Johnston’s family.
“As the Law Society of Scotland has previously set out, safeguards currently in place are sufficient in protecting the capacity of vulnerable individuals when signing legal documents.”
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