The story of thieves raiding unclaimed estates continues after recent coverage by the BBC.
Few people know about this type of fraud in which criminals use publicly available information to falsely claim estates. They produce false Wills and apply for probate. When they receive grant of probate, the criminals quickly strip the estate’s assets, selling property and emptying bank accounts. Often sale prices are below market value, so they are less likely to attract attention from the authorities.
Widespread implications of estate fraud
The BBC gave examples of estates where Wills left assets to people in Eastern Europe. Later, these were identified as fraudulent and possibly the work of organised criminals. They take advantage of online probate processes to falsify their claims.
What can probate researchers do?
Probate researchers locate legal beneficiaries of unclaimed estates and can help to uncover criminal activities. However, despite their efforts, it’s been difficult to get the attention of the police, ActionFraud, or the Probate Registry.
Researchers have been raising concerns since 2024 which eventually led to the BBC’s coverage. However, detecting and challenging fraudulent claims involves a lot of family history research, signature analysis, and costs.
Why is estate fraud increasing?
This type of crime has emerged since the introduction of online probate applications in October 2019. Continuing long delays led to an inquiry, launched in 2023, to look at waiting times, rogue traders and poor practice. With the General Election looming, the inquiry ended early in 2024. While its recommendations focused on speeding up the probate process, some observations included regulation.
What did the inquiry say about probate regulation?
The inquiry heard evidence concerning ‘bad actors’ in both the probate process and Will writing. The Competition and Markets Authority (CMA) has now provided guidance for Will writing and pre-paid probate services.
However, gaps remain in the online system which fraudsters have manipulated. In addition, shortcomings in the IT system used by the probate service have now come to light.
Moving the probate process online removed safeguards such as inspection by a registrar in local probate offices. They would previously check original Wills, verify identities, and examine signatures closely. Now fraudsters can submit photocopied identity information from anywhere in the world without meeting a registrar.
How will the government prevent probate fraud?
In response to concerns raised with the Government Legal Department, it said it didn’t have regulatory powers of investigation or enforcement for these issues. It said it would make enquiries, contact relevant authorities and involve the police if it found evidence of fraud. The Probate Registry says it has trained staff and strict protocols to detect signs of fraud. Overall, official bodies have been reluctant to take any additional steps.
What will happen next?
Probate researchers provided evidence for the BBC’s podcast, including anonymised copies of Wills, grants of probate, and supporting documents. They even named some suspects. However, they continue to receive regular new enquiries about the issue.
Concerns remain about the impact of downgrading or removing essential checks to move the probate application process online. In addition, HM Courts and Tribunal Service (HMCTS) mainly focuses on administration rather than investigation. The fees charged for the service don’t cover fraud detection. Information sharing is limited, and no single body is responsible for the issue.
Following the concerns raised, the list of unclaimed estates is indefinitely unavailable for public viewing. However, there’s no indication of other measures to prevent probate fraud in the longer term.
The best way to protect your estate and beneficiaries is to make sure you have a properly prepared and witnessed Will.
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