A WOMAN who presented a forged will to a grieving family causing them "serious distress", has been fined by a sheriff.

Kerry Burns was handed the punishment when she appeared in the dock at Kilmarnock Sheriff Court on Wednesday, October 9.

The 36-year-old had previously been found guilty in relation to one charge of 'uttering' during a trial at the same court last month.

Sentence was deferred following the trial to allow background papers to be prepared.

Uttering refers to a common law crime of dishonesty that involves the use of a forged document with the intent to deceive.

Court papers stated that Burns, of Craigenfeoch Avenue in Johnstone, committed the offence in the Kilbirnie area on August 8, 2022.

She done so by presenting the will of a man - which included the forged signatures of the deceased, a solicitor and a doctor - to a member of his family, attempting to pass the will off as legitimate.

Defending, Burns' solicitor commented: "This offence is of a serious nature because of the hurt caused to the deceased’s family.

"Playing on their inability to arrange the funeral would have caused a great deal of upset.

"Your lordship did not believe her [Burns'] evidence [at trial] but she still denies doing anything wrong. She attempts to pass blame on to the deceased’s children though she recognises this process would have been highly distressing for them."

The solicitor also asked Sheriff Colin Bissett to consider a number of other factors before passing sentence.

The lawyer stated that Burns was a first offender who had previously been of good character. Burns had also been assessed as being at "low risk" of reoffending.

The court was told that the Johnstone woman also has significant health issues, with the sheriff asked to impose a disposal “not normally considered appropriate”.

However, Sheriff Bissett said that the report stated Burns had reservations over a restriction of liberty order "due to embarrassment of having to wear a tag".

However, her solicitor responded that there was "more to it than that".

"It raises the question of if this could be fitted given her issues," the lawyer added, before stating that a financial penalty appeared to be the only appropriate alternative.

Sheriff Bissett agreed to impose a fine totalling £420, taking into consideration that Burns "gained no financial advantage" and only carried out the offence for the purpose of causing distress.