Legal News | 19.03.26
The rise of probate fraud
Sadly, cases of probate fraud are on the rise in the UK. Many factors have been attributed to this rise, including the increasing role played by digital technology in the probate process (and particularly since the process moved online in 2017).
Probate fraud can take many forms. A criminal group may, for example, target the estate of someone with no living heirs. Where an individual has no known living heirs, their estate is published online on a list known as the ‘Bona Vacantia’ list. This list was temporarily removed in July 2025 by the UK Government in response to known cases of the list being used fraudulently.
Probate fraud may also be committed during someone’s lifetime where, for instance, a vulnerable individual is pressured into changing the terms of their Will. The pressure may be applied by a fraudster or someone close to the person making the Will.
So, what can you do to protect yourself from probate fraud?
If you are making your own Will…
- ensure that you give instructions for your Will to a professional solicitor who will draft the Will for you. They will be alert to the possibility of undue influence and be able to assess the capacity of the person giving their Will instructions;
- once you have executed the Will, ensure that your Will is stored somewhere safe, ideally with a solicitor. Wansbroughs would always advise our clients to store their Wills with us; and
- make sure that your executors (those tasked with administering your estate), as well as loved ones, know where your Will is located and who to contact following your death.
If you are the executor of an estate of someone who has died…
- check when the last Will of the testator was made and the contents of the Will. Is there anything unusual to suggest undue influence (for example, unexpected beneficiaries)?
- if a new (previously unknown) Will appears, be alert to the possibility of fraud. Assess the signature of the testator on the Will and ask questions around its execution;
- contact the Probate Registry if you are concerned about any aspect of the estate administration; and
- consider appointing a professional solicitor to help administer the estate, if thought appropriate in the circumstances.
The death of a loved one can be an extremely distressing and emotional time for the deceased’s loved ones. It is important to seek advice if you are concerned about the risk of probate fraud. The Private Client team here at Wansbroughs are on hand to help. Please reach out to your usual contact at Wansbroughs or contact us at wealth@wansbroughs.com.
