A police officer who helped forge a will in a bid to get a bigger payout for a friend has been jailed for 18 months.
Steven Muir, 47, who was formerly a solicitor, was a serving officer with Police Scotland when he signed as a witness on the purported will.
Father-of-two Muir appeared for sentence at Falkirk Sheriff Court after being found guilty in August of helping his friend to create a forged will.
A jury convicted him of acting in concert with his friend – who is yet to face trial – to get him an increased share of his late father’s £355,000 estate and to confirm his friend as sole executor for the dead man.
Muir had denied the charge of fraud.
The court heard Muir, now a handyman, had not personally benefited in any way from his actions, and had resigned from the police with his career in ruins – having been on restricted duties until earlier this month.
Sheriff Christopher Shead told him: “It is, of course, the court’s duty to sentence according to the verdict returned by the jury. That being so, I have come to the conclusion that the nature of the offence is such that a custodial sentence is the only appropriate disposal.”
Jurors heard a folder of documents was removed from the dead man’s home in Cluny, Fife on the night he died in October 2021, and the deceased’s signature was forged on a document purporting to be his will.
This was then presented at the sheriff clerk’s office at Kirkcaldy for confirmation.
The trial heard, however, that a document was found in the dead man’s own handwriting expressing wishes similar to those in the “forged” will, and that the deceased had intended a reorganisation of his affairs.
The court heard that as a result of the forgery coming to light, no formal steps had been taken to ingather and distribute his estate.
Prosecutor Alistair McDermid said: “Effectively it remains in statis, so there’s been no financial loss.”
The court heard there was a legal route for the family to have the fraudulent will overturned, but legal proceedings over this had not yet been started.
Advocate Nicola Ross, defending, said: “There was no financial benefit to Mr Muir, and although his experience as a solicitor allowed him to become part of this situation, he was not a solicitor when he witnessed this will.
“He was not acting in a professional capacity. He was a police officer when he did that.
“This wasn’t a sophisticated crime, and he didn’t take a leading role.”
She said Muir was “remorseful” and “accepts now that it was unwise to have become involved in this family situation, but he did so, he thought, to help his friend”.
She presented character references from two of his former colleagues.
She added: “Mr Muir has worked in the past for the Fire Service and a solicitor.
“He resigned from the Police Service of Scotland, having recognised that a conviction for fraud is incompatible with the office.
“He is most distressed that he has brought the Police Service into disrepute and that his career has been cut short as a result of his involvement in this matter.”
Muir’s 46-year-old friend and co-accused denies wrongdoing and is scheduled to face trial over the same matter at Perth Sheriff Court in January 2027.
Police Scotland’s Chief Superintendent Neil MacDougall said earlier this month: “We are aware of the court outcome. Muir will now face the consequences of his actions.”
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