Following a BBC investigation, the Government has temporarily removed the Bona Vacantia list of unclaimed estates from public view due to concerns over suspected fraud.
The list, which publishes details of estates passing to the Crown where no heirs have been identified, has sparked debate around how secure the UK’s probate system really is.
Erin Duffy, Head of Personal Litigation at Palmers Solicitors, shares her insight into the legal and practical implications for both practitioners and 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.
“In cases where someone dies with seemingly no living relatives, there’s certainly the risk that someone could try to take advantage and assert a fraudulent claim to the Deceased’s estate” says Erin.
For practitioners, a common concern arises when a Will surfaces unexpectedly, especially after the estate is believed to be 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.”
“If there are concerns about forgery, it’s possible to instruct a handwriting expert to verify the authenticity of the signature to the Will” she explains.
Some have suggested introducing in-person ID verification or additional affidavit checks to reduce fraud risk.
While such measures could help, Erin says it could bring practical challenges.
“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.”
The removal of the Bona Vacantia list may affect certain areas of practice, but not the majority, Erin suggests.
“It will impact those who deal in heir hunting, but I don’t think taking the list offline will have a significant effect on most probate practitioners. It’s quite a niche area.”
For anyone concerned that someone’s estate may have been fraudulently claimed, Erin’s advice is simple:
“Gather as much information as you can and seek professional legal advice as early as possible.”
In addition to potential fraud, Erin highlights a broader systemic issue – the legal gap that leaves cohabiting partners without protection if their partner dies without a Will.
“I had a case where my client had lived with her partner for a long time in his home. He died without a Will, with no children, no parents, and no other living family, so his estate passed to the Crown as Bona Vacantia. As a cohabitee (not a spouse or civil partner) she would have inherited nothing from his estate and faced losing her home. Fortunately, I was able to negotiate a settlement with the Bona Vacantia Division of the Government Legal Department without needing to go to Court.”
“These are people with a legitimate expectation of inheriting from someone they were close to, but they have no automatic rights under the intestacy rules.”
“In those circumstances, it’s so important to get legal advice quickly, particularly where claims may need to be made under the Inheritance (Provision for Family and Dependants) Act 1975 where strict time limits apply.”
If you’re facing uncertainty about someone’s estate, contact Erin Duffy and the Contentious Probate Team at Palmers Solicitors for expert advice and support.
