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02-Apr-2014 10:58

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However, the actual date of signature should nevertheless be set out in the attestation clause at the end to avoid any claims that the document was intentionally misleading.

Needless to say, even these methods of “backdating” a document should not be used when there was no earlier agreement and the document is just an attempt to give a false impression that something occurred on an earlier date than it did.

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For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.

Does he need to check to see whether that was actually the case or can he take an ostrich-like position and put his head in the sand and not ask any questions?

Is there an obligation on the lawyer to make at least reasonable endeavour’s to confirm that he is being told the truth?

This is a fraud on the tax authorities, a criminal offence and is likely to get the lawyer who prepared the document disciplined by his regulator and possibly also charged as a co-conspirator.

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For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.However, he only realizes this in January and so wishes to backdate the document to December.

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