Fraser and Fraser, a leading firm in probate research, are raising the alarm over a concerning rise in fraudulent Wills – an emerging threat that is systematically depriving rightful heirs of their inheritances. While Will forgery is not new, the frequency and sophistication of these cases are reaching alarming levels, compromising the integrity of the English and Welsh probate system and leaving families devastated.
A disturbing pattern has emerged, with evidence suggesting a consistent modus operandi, showcasing a coordinated effort involving Eastern European individuals. In nearly a dozen cases, the fraudulent Wills share a series of suspicious characteristics:
- ✘ The Wills are strikingly simplistic, often just one or two pages long, lacking the usual legal phrasing and safeguards.
- ✘ Entire estates are left to one or two individuals, invariably young Hungarians with no prior connection to the deceased, and often geographically removed from the deceased’s home.
- ✘ A notable focus on property, with address prominently featured, suggests a deliberate effort to exploit the property rather than a broad distribution of assets.
- ✘ Witness signatures are highly dubious – these witnesses are untraceable, either non-existent having never resided at the addresses given, or confirmed to have died between the Will’s creation and probate application.
- ✘ The Wills are dated one or two years before the deceased’s death.
- ✘ No solicitors or legitimate legal professionals are involved in the drafting or probate application process.
- ✘ Applications for probate are strategically filed under the Inheritance Tax (IHT) threshold, despite the true value of the properties often being significantly higher.
- ✘ Properties in these Wills are sold rapidly – sometimes within weeks of probate being granted.
This consistent modus operandi strongly suggests these are not isolated incidents but part of a well-orchestrated scheme to defraud the probate system. Fraser and Fraser have uncovered multiple cases where Wills have surfaced for estates previously considered Bona Vacantia (ownerless property), resulting in the misappropriation of assets amounting to over £1 million. Although it is not just the Bona Vacantia that is being defrauded there are several other cases where real families have been found only to discover that probate has already been granted and assets stolen. The real estimated value of these fraud ranges between, £2 million and £10 million.
A Lack of Urgent Action
Despite presenting detailed evidence of these fraudulent activities, Fraser and Fraser, along with other firms, have encountered a worrying lack of response from authorities. Reports have been submitted to:
- ✘ The Government Legal Department
- ✘ The Principal Probate Registry
- ✘ Essex and Surrey Police (with crime reference numbers provided)
- ✘ Action Fraud
However, these reports have been met with inaction and apparent indifference, raising serious concerns about the failure to address this growing issue.
In a recent response from the BV Division despite evidence being presented to show the frauds we received the reply: “The Government Legal Department does not have any regulatory power of investigating or enforcement in these matters.”
The principal probate registry failed to respond on two separate occasions.
Neil Fraser, Partner at Fraser and Fraser, warns: “We are witnessing a systemic failure to protect estates. These Wills not only rob individuals of their rightful inheritance but also erode trust in the legal processes designed to safeguard them. The scale of this problem is far greater than many realise, and the lack of response from authorities is deeply concerning.”
The Impact on Probate Research
As probate researchers, Fraser and Fraser specialise in locating missing heirs and ensuring rightful inheritances are distributed accordingly. However, the increasing prevalence of fraudulent Wills directly undermines these efforts, leaving beneficiaries empty-handed and eroding confidence in the probate system. The success of these fraudulent schemes is largely due to a lack of preventative measures and the difficulty in detecting these scams before substantial damage has been done.
A Call to Action
Fraser and Fraser are determined to bring this issue to the forefront and are calling on the relevant authorities to take immediate action. They urge:
- ✘ A thorough investigation into these fraudulent activities.
- ✘ The implementation of stronger safeguards to prevent similar frauds in the future.
- ✘ Greater cooperation between law enforcement and probate professionals to identify and dismantle organised crime involvement in the probate system.
- ✘ Increased public awareness to ensure beneficiaries and executors remain vigilant.
Additionally, Fraser and Fraser are seeking information from anyone who has encountered similar suspicious Wills, in an effort to compile further evidence and press authorities into action.
“We cannot allow this to continue,” Fraser concludes. “Beneficiaries are losing their rightful inheritances, and the integrity of the entire system is at stake. We are calling for immediate intervention to prevent further exploitation.”
This article is both a warning and a plea for urgent action. The time to act is now – before more heirs are denied their inheritances and trust in the English and Welsh probate system is irreparably damaged.
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