Organised fraudsters in the UK are forging Wills to wrongfully obtain estates, highlighting the crucial need for effective Wills and estate planning.
What is Inheritance fraud?
Probate fraud – also known as inheritance fraud- has emerged as a disturbing trend in recent years. Criminals are taking advantage of weaknesses in the system to create fraudulent Wills and unlawfully obtain estates of deceased people, often depriving rightful beneficiaries of their inheritance.
A recent BBC investigation uncovered an alleged organised gang exploiting the probate process to fraudulently register wills and claim millions of pounds worth of property and assets.
This scheme typically targets cases where someone dies without an immediate known next of kin or without a valid Will, and the consequences are devastating for families.
How do fraudsters steal unclaimed estates?
How is this kind of fraud even possible?
It turns out the UK probate system has vulnerabilities that these criminals exploit. Key factors enabling the scam include:
- Bona Vacantia (Unclaimed Estates) List
Fraudsters exploit the public Bona Vacantia register of unclaimed estates to find valuable ones and create fraudulent Wills for the deceased. They name themselves or accomplices as beneficiaries, using publicly available assets information to create plausible stories.
- Digitisation and Lack of Oversight
The online probate application process in 2017 prioritised efficiency, but lacks robust identity checks and human scrutiny, allowing fake documents to slip through with minimal verification, as seen in a £1 million case.
- Forgery and False Witnesses
Criminals forge signatures and witness statements, often penned by the same individual. Handwriting experts find multiple Wills indicating a repeat forgery. In cases, executors, witnesses, and solicitors are not present. Fraudulent Wills create the illusion of legitimacy.
- Exploiting Intestacy Delays
Scammers often exploit the time lag between a deceased person’s death and the estate’s processing, appearing after an unclaimed estate is listed. This can lead to fraudulent claims, as people are unaware of their inheritance rights, and the fraud can go undiscovered until it is too late.
- Undervaluing and Quick Asset Sales
Fraudsters often undervalue estate assets on probate forms to avoid scrutiny and inheritance tax triggers. They report the estate’s value just under the £325,000 threshold, evading 40% tax. Properties are often quickly mortgaged or sold, making it harder to recover assets later.
The combination of public data, a less secure online system, and forged documents has created a perfect storm for scams, with the public unclaimed estates list making it easy for criminals to identify targets.
The alarming consequences
The fallout from inheritance fraud extends far beyond the financial loss. Some of the key impacts of this crime include:
- Financial Devastation for Beneficiaries
Estate fraud has led to the exploitation of rightful beneficiaries, with criminals gaining control of estates worth hundreds of thousands or millions of pounds.
Victims often face significant legal costs, often tens of thousands of pounds, when attempting to contest the fraudulent Will in court. Many victims cannot afford to challenge the fraud, allowing criminals to continue their activities.
Families experience heartache and turmoil when a stranger steals their loved one’s legacy, leading to prolonged legal battles and the possible loss of a cherished home. The betrayal and grief can leave lasting emotional scars.
- Property Damage and Crime
Criminals often take over properties, leading to disrepair, misuse, vandalism, and loss of valuable personal items, resulting in diminished value and sentiment even after regaining the property.
- Erosion of Trust in the System
The loss of public confidence in the probate system due to fraudsters and slow authorities is a significant issue. Experts estimate probate fraud costs £150 million a year in the UK, affecting one in two professionals who have encountered it.
Protecting your estate: Wills and power of attorney
Recent scams underscore the importance of having a valid, up to date Will for estate protection, as intestacy (without one) increases asset vulnerability to delays, disputes, and fraud.
Here are some key takeaways to safeguard your legacy:
- Make a Will through a Solicitors
A legal and professionally drafted Will ensures your estate is distributed to your desired beneficiaries and prevents fraud.
Ensure your Will is stored securely and accessible to executors or close family. Making your Will readily discoverable prevents gaps that fraudsters could exploit, as relatives may not have the time to claim or know about it.
- Inform Your Family and Executors
Open communication is a deterrent to fraud. Ensure your loved ones know your executors and assets, as they are less likely to be duped by a fraudulent Will. In cases, fraud succeeded because family members were initially unaware of estate details, leading to uncontested claims.
- Consider a Lasting Power of Attorney (LPA)
A Lasting Power of Attorney (LPA) is a legal document that appoints a trusted representative(s), referred to as ‘Attorneys’, to manage your affairs if you lose mental or physical capacity.
- Act Quickly if Someone Dies Intestate
If a relative dies without a Will, promptly obtain advice from a Solicitor to acknowledge your entitlement as a beneficiary under the estate.
Monitor the public unclaimed estates list to identify if your relative’s name appears, as swift action can prevent fraudsters from swooping in first.
- Stay Vigilant for Red Flags
When dealing with an estate, be cautious of unusual events like unknown individuals or inconsistencies in paperwork. Look for red flags like Wills with unknown beneficiaries, typos, or untraceable witnesses. Report suspicions to Action Fraud or the police.
Next steps to your protection
Protecting your family and assets from fraud is more important than ever. Estate planning is a crucial shield that includes creating Wills and LPAs to ensure your wishes are honoured and your beneficiaries are safe.
By putting these legal protections in place, you can stop potential fraudsters and prevent fraudulent Wills or inheritance fraud. This ensures your estate goes to the people you choose and keeps your loved ones from the added stress.
Given the rise in organised fraud, taking these steps now is the best way to secure your future.
Frequently asked questions:
What is inheritance (probate) fraud?
It is when someone dishonestly interferes with a deceased person’s estate, often using a fraudulent will or false statements to divert money or property away from the rightful beneficiaries.
Who is most at risk?
People who die without a Will, live alone, are elderly or unwell, or have distant/unknown relatives. Estates with property are desirable targets.
Does making a Will stop inheritance fraud?
It massively reduces the risk. A clear, up-to-date, professionally drafted Will leaves far less room for anyone to manipulate the process.
What should I do if a relative dies without a Will?
Act promptly: gather documents, secure the property, identify beneficiaries, and seek legal advice on applying for a Grant of Letters of Administration.
I suspect a fraudulent Will—what now?
Do not delay. Secure evidence, avoid engaging with the suspected fraudster, and get specialist legal advice about entering a caveat and challenging the Will.
Can a fraudulent will be overturned?
Yes, if you can show it is invalid (e.g., forgery, lack of capacity, undue influence, improper signing). Early action improves your chances.
How often should I review my Will and LPAs?
Every 3–5 years or after significant life events, such as marriage, separation, children, property purchase, inheritance, or significant health changes.
Will this be expensive or time-consuming?
Putting documents in place is usually far cheaper and faster than dealing with a dispute later. Fixed-fee options are available. Ask us for a quote.
Further information:
Oakwood Solicitors: Probate and Estate Administration.
How fake-will fraudsters stole millions from the dead.
GOV.UK: Bona Vacantia.
WHAT TO DO NEXT:
Our experienced probate solicitors can assist with estates of all sizes, assets, and deceased intestates or trusts. They provide a dedicated advisor, assisting with queries and issues, and providing regular updates until the probate is administered, ensuring a stress-free and effortless process.
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 200 9720 to find out how we can help you.
Author: Ralph Davies
Charlotte Bandawe is our Head of Wills and Probate department, leading an experienced team who provide a wide variety of private client services.
Charlotte is also a member of Association of Lifeti…
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