Probate fraud concerns highlighted by removal

In a move prompted by a BBC investigation, the Government has temporarily taken the Bona Vacantia list offline, raising concerns regarding the risk of fraud in the UK’s probate system. This list, which details estates that have passed to the Crown due to unclaimed heir situations, has ignited discussions about the security of the current probate framework. Erin Duffy, Head of Personal Litigation at Palmers Solicitors, provided her insights on the implications for legal practitioners and affected families.

“Whilst probate fraud is relatively rare, it does happen and is something that is likely to happen more given the rise we have seen in contentious probate disputes,” Erin remarked. The risk of someone illicitly claiming a deceased estate becomes particularly pronounced in cases where there appear to be no surviving relatives.

For legal practitioners, the emergence of an unanticipated Will can pose significant challenges, especially when it surfaces after an estate has already been presumed intestate. “What we do in those cases really depends on who we’re acting for. If we’re instructed by someone who disputes the validity of the Will, we would typically make enquiries of the witnesses to the Will and speak to whoever drafted the Will,” Erin explained. In situations where forgery is suspected, enlisting a handwriting expert to authenticate signatures can be a viable step.

Some experts suggest implementing measures like in-person ID verification and additional affidavit checks to mitigate fraud risk. While Erin acknowledges the potential benefits of such enhancements, she cautions about the practical difficulties they might impose. “In an ideal world, yes, more checks would add protection. However, the reality is that the cost versus benefit of introducing those systems could be problematic,” she noted.

Though the removal of the Bona Vacantia list will primarily affect those engaged in heir hunting, Erin believes it will not significantly impact the majority of probate practitioners, stating, “It’s quite a niche area.” For those who fear that an estate may have been wrongfully claimed, Erin advises prompt action: “Gather as much information as you can and seek professional legal advice as early as possible.”

Moreover, Erin draws attention to a broader issue that persists within the probate landscape—the vulnerability of cohabiting partners who lack legal protection when their partner dies intestate. She recounted a case where her client, who lived with her partner for years and faced potential homelessness after his death, found hope through her legal intervention. “I was able to negotiate a settlement with the Bona Vacantia Division of the Government Legal Department without needing to go to Court.”

Erin emphasises the critical need for legal guidance in such cases, especially under the Inheritance (Provision for Family and Dependants) Act 1975, where timeframes for claims are stringent. If you are grappling with uncertainty regarding an estate, reaching out to Erin Duffy and the Contentious Probate Team at Palmers Solicitors can provide the expert assistance needed during these complex times.