Legal experts have warned that the Government’s decision to republish the Bona Vacantia list, a public register of unclaimed estates, has reintroduced vulnerabilities that could make it easier for organised fraud to occur within the probate system.
The list records estates where individuals have died without a known will or identifiable heirs. It is intended to help legitimate relatives come forward to make inheritance claims. However, lawyers say its visibility also attracts opportunistic fraudulent activity.
The register was taken offline last year following a BBC investigation that exposed systemic weaknesses in probate safeguards. It was republished earlier this year with some additional safeguards.
Simon Steele-Williams, a contested probate specialist solicitor at Parfitt Cresswell, said the decision to restore the list risks repeating past problems.
“The Bona Vacantia register serves an important public purpose,” he said. “But in its current form it remains open to abuse. Publishing details of estates where there appears to be no immediate family involvement creates opportunities for criminal gangs to make fraudulent claims.”
Bona Vacantia applies when someone dies without a valid will or identifiable heirs. In such cases, estates typically pass to the Crown unless legitimate beneficiaries can prove entitlement.
According to Steele-Williams, it is this claims process that is exploited.
“Once an estate appears on a public register, it effectively signals that there may be limited oversight from family members,” he explained. “That can create an opportunity for criminal gangs to assert fabricated connections based on fraudulent documentation.”
He said some cases have involved inconsistencies that raise concerns about verification processes. “We have seen examples where signatures appear obviously fraudulent, and where estate valuations recorded in probate documentation fall well below inheritance tax thresholds despite properties being worth significantly more,” he said.
Calls for Reform
Parfitt Cresswell, a prominent Southeast law, uncovered a disturbing pattern of estate fraud using forged Wills. They worked with the BBC on the Radio 4 series “The Grave Robbers” which exposed probate crime last year. Criminal gangs were stealing millions from beneficiaries and the taxpayer and are evading detection, with ease.
The firm, which acted as Attorney under a Lasting Power of Attorney for a recently deceased client, knew that their client passed away intestate (without a Will). However, they then discovered that a fraudulent Will had been submitted to the Probate Registry. A Grant of Probate was issued without proper scrutiny, allowing the fraudster to access and extract hundreds of thousands of pounds from the deceased’s accounts. A further large sum in property was nearly lost, but the law firm intervened in time to prevent the sale.
Parfitt Cresswell then wrote to the Lord Chancellor raising concerns about the risks associated with the register and calling for additional safeguards. They proposed a series of reforms, including a government-led investigation into fraudulent probate applications, stronger verification of wills and executor details, improved coordination between probate authorities and financial institutions, and the adoption of technology such as AI-driven systems to identify suspicious activity at an early stage.
The republished list now only displays the deceased’s name, date of death, area where they died and BVD case reference number. Any requests for more information are considered on request.
Simon Steele-Williams doesn’t believe this goes far enough. He said the intention was not to remove transparency but to strengthen protections.
“The register plays an important role in ensuring legitimate heirs have an opportunity to come forward,” he said. “The issue is ensuring that transparency does not come at the cost of security.”
Emotional and Financial Impact
Experts say probate fraud can have significant consequences for families.
“Disputing a fraudulent claim can be deeply distressing,” Steele-Williams said. “Families are often required to fund lengthy legal proceedings themselves, with no guarantee of recovering costs even if they are successful.”
He added that delays can prolong uncertainty at an already difficult time.
“Probate should ideally be a process that brings clarity and closure,” he said. “When disputes arise, it can extend the emotional and financial strain on families for years.”
Preventative Steps
Despite concerns about systemic vulnerabilities, Steele-Williams emphasised that proactive estate planning remains the most effective safeguard.
“A professionally drafted will is one of the strongest protections against probate fraud,” he said. “It clearly sets out intentions and significantly reduces the scope for disputes or opportunistic claims.”
He also recommends keeping documentation updated and securely stored, and ensuring executors and family members are aware of arrangements.
“One of the main reasons estates end up on the Bona Vacantia register is incomplete or missing documentation,” he said. “Clear records and open communication during lifetime planning can prevent that situation arising.”
For families dealing with estates already listed, early legal advice is crucial.
“The sooner potential issues are identified, the easier they are to address,” Steele-Williams said. “Delays can make it more difficult to gather evidence and establish entitlement.”
Balancing Transparency and Protection
Steele-Williams said awareness of the risks associated with the register is essential until the systematic vulnerabilities are addressed.
“Transparency is important, but it needs to be balanced with appropriate protections,” he said. “Without stronger verification processes, there is a risk that the same vulnerabilities identified previously could persist.”
He added that confidence in the probate system depends on maintaining that balance.
“Families need to trust that estate administration processes are robust and secure,” he said. “Strengthening safeguards is key to ensuring that trust.”