Online probate fraud calls for action

World-leading handwriting expert Emma Bache has issued a stark warning regarding the rising threat of probate fraud, emphasising that the introduction of ‘wet ink’ signatures and enhanced ID checks is crucial for maintaining the integrity of the probate application process. The current system allows for digital probate applications to be submitted without any requirement for a physical signature or thorough verification, making it susceptible to abuse.

In light of a recent BBC investigation exposing several fraud cases amounting to millions of pounds, His Majesty’s Courts and Tribunals Service (HMCTS) has suspended the list of unclaimed estates, known as Bona Vacantia, while considering additional safeguards. When an individual passes away without a valid will and with no identifiable heirs, their estate can be claimed by the Crown. However, numerous instances have emerged where fraudulent individuals, having generated false documentation, successfully obtained probate before genuine heirs could assert their claims.

Bache argues, “HMCTS have done a considerable amount of work to clear a backlog left by the Covid pandemic and to modernise their systems to reflect the digital age we live in. But it’s clear that the system is now open to abuse.” Her concerns extend to the effectiveness of proposed digital ID cards, which, although potentially beneficial, cannot replace the need for physically verifiable signatures.

The practice of submitting statements of truth without stringent verification protocols raises significant red flags, as highlighted by Bache: “We don’t really know how many cases of probate fraud are carried out by the methods revealed in the BBC investigation.” The lack of effective controls creates a loophole for deceitful claims that may not become apparent until after funds have been transferred, potentially leaving genuine heirs with little recourse.

Bache, who has assessed fraudulent signatures in high-profile cases, underscores the importance of rigorous verification, stating, “Digitalisation and online applications have streamlined the probate system, in line with public demand, but that should not come at the expense of verification.” She reiterates that urgency is vital, as growing incidences of sophisticated scams threaten the trustworthiness of the probate process.

As HMCTS deliberates on the implementation of enhanced securities for online applications, Bache advocates for immediate action to establish protections that can effectively combat probate fraud and safeguard the rights of rightful heirs.

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