The Inheritance Tracing Team at Taylor Emmet are sadly no strangers to the disturbing rise in probate fraud. A recent BBC investigation has laid bare how criminals are exploiting loopholes in the probate process in order to steal millions from the estates of the deceased. But what’s more troubling is how little can and is being done to stop them — a reality we have seen time and again in our own cases.
A System Based on Trust and Exploited by Fraud
The BBC report highlights cases where individuals, often previously unknown to the deceased or their families, have come forward with highly suspicious wills, that name them as sole beneficiaries.
Estates that would otherwise pass under intestacy, often to distant relatives with no close connection to the deceased are often target. Another frequent target is long term empty properties where the owner has died and their estate is not administered after death.
The estates in the BBC report are just the tip of the iceberg. We have acted in similar situations where:
- Wills emerge under suspicious circumstances usually after a significant period of time after the death.
- The deceased’s known family and friends are unaware of the named beneficiary.
- The will disinherits close relatives or contradicts known facts about the deceased’s estate ownership or wishes.
- The net estate of the deceased at death is conveniently below the inheritance tax threshold when the assets, usually a property, are clearly worth significantly more.
- There is a long-term empty property where the owner has died and their estate isn’t administered after death.
Why Is It So Difficult to Stop?
Unfortunately, even when families come to us with strong evidence of fraud, the path to justice is often prohibitively difficult. Here’s why:
1. The Probate Process Lacks Rigour
Since the move to online probate applications in 2017, there is far less human scrutiny. The loss of regional registries and in-person oath-swearing has eliminated a vital layer of fraud detection. Probate has become a tick-box exercise in which trust is assumed – even when that trust is being systematically abused.
The current technology at HMCTS doesn’t appear to red flag any suspicious wills or unusual applications where enhanced due diligence might be considered appropriate.
The changes to the Excepted Estate rules in 2022 mean it is no longer necessary to file a formal inheritance tax return for most estates with little or no checks being carried out by HMRC.
Even on a very basic level, it wouldn’t take a great deal of effort link the postcode of the deceased to the net estate value being returned within the probate application for any discrepancies.
2. Litigation Is Expensive
Even with a strong case, challenging a fraudulent will in the civil courts can be expensive. Many victims simply cannot afford it, especially when they were unaware they stood to inherit until the fraud was already in progress. On an intestacy case with many beneficiaries, each share may be relatively small in proportion to the total estate and that may discourage individual beneficiaries taking on the fight as there would be a significant risk for a relatively small benefit.
Legal aid is not available, and litigation funders are understandably cautious due to the uncertain recovery prospects.
3. Recovery Is Complex
Even if the fraud is proven, recovering assets that have already been sold or transferred – particularly if they’ve moved overseas or into company structures, is an uphill battle. Properties may be mortgaged, stripped, or even used for criminal enterprises before the fraud is uncovered.
4. Law Enforcement Reluctant To Get Involved
We regularly encounter situations where clear evidence of forgery or fraud is presented, but police decline to take action, stating it is a civil matter. This lack of criminal enforcement creates a safe space for organised fraud.
What Can We Do About It?
These cases highlight an urgent need for:
- Better fraud detection tools within the probate service, including better data analytics and red flag triggers (such as last-minute wills, disinheriting family, or unusual or common executor details).
- Restoration of personal scrutiny and identity checks, potentially via hybrid digital/in-person processes.
- Closer collaboration between HMRC, the Probate Registry, and law enforcement, particularly where there are clear and obvious inheritance tax discrepancies or patterns of repeat behaviour.
How We Can Help
At Taylor Emmet, our Private Client team working together with our Contentious Probate team have extensive experience of complex estate cases involving fraud and forgery.
If you suspect a will may be fraudulent or are facing a probate dispute involving suspicious circumstances, get in touch with us. While the system may be flawed, expert legal advice remains your best defence.
For more information about Probate Fraud or Inheritance Tracing contact our team to see how we can help, don’t hesitate to contact us on (0114) 218 4000 or email the Inheritance Tracing team.