The government is ‘reviewing the preventative steps taken’ in the course of probate applications to tackle inheritance fraud highlighted by the recent BBC podcast series uncovering criminal use of the Bona Vacantia list to identify vacant and unclaimed estates, producing fraudulent wills and submitting them to be awarded grant of probate.
In response to a written question from Connor Naismith, Labour MP for Crewe and Nantwich, Minister of State for Courts and Legal Services Sarah Sackman acknowledged the fraud in answering a query about the steps currently being taken to prevent inheritance fraud.
Grave Robbers, part of the Shadow World series from investigative journalist Sue Mitchell, highlights the issue of criminal organisations using the publicly available Bona Vacantia list published by the Government Legal Department (GLD) to identify potential estates which have no heirs, creating Wills laying claim to the estate, which often has a valuable property, and submitting them electronically for grant of probate. In many cases the property is drastically undervalued so as not to attract tax liability.
Once the criminals have the grant, they are then stripping the estate of its assets, including any monies in the bank, and speedily selling the property.
In reassuring Naismith, Sackman explained
“The legal framework in England and Wales provides a wide range of measures to help protect the public from inheritance fraud, with longstanding legal requirements to be satisfied before a will is executed so it is valid in law. There are a range of legal tests to be satisfied in areas such as the capacity of a person to make a will.”
But acknowledged
“In the light of recent allegations of fraudulent activity in respect of some probate applications the Government is reviewing the preventative steps taken, involving all relevant departments and agencies.”
In response to the podcast GLD removed the Bona Vacantia list from public view in July with a statement at the time saying
“We are working with the relevant agencies to support ongoing investigations into alleged fraudulent activity. As such we are unable to comment further to avoid prejudicing any potential legal action.”
There is no definitive timescale for the re-publishing of the list and no further correspondence of GLD despite queries from this publication. One of the key issues in enabling this fraud is the ‘hollowing out of essential checks and balances’ in the switch to online applications which has removed the process of physically submitting evidence to a registrar in local probate offices who would previously inspect the original will, verify identity, and ask probing questions that often exposed forged signatures or implausible stories.
Concluding the statement, Sackman adds the government is currently reviewing the recommendations of the Law Commission Modernising Wills Law report which include “safeguards and protections to testators and beneficiaries.”
3 responses
The fraudsters are looking at every possible route … no change there of course ..
the government’s review of the Law Commission’s Modernising Wills Law report could reshape how we protect testators and beneficiaries and any reform must provide robust safeguards
#EstatePlanning #Wills #Trusts #Inheritance
At one industrial Edinburgh based insurance company (IE Behind the Edinburgh Iron Curtain) I fould the laxadaisical approach and lack of management control, or Risk assessment a concern that management had no Care for employees or clients. I discovered Access for compliance most helpful – straightforward and concise. The main issueis the power mad controllers untrained and unnaceptable performance shoulf not be allowed to INFLUENCE. This often results in Human Greed. I have found customers and clients of the same mindset – due to Lack of Knowlege lack of Skills and more importantly Lack of Empathy or consideration of others. Fraud in the industrial insurance industry is Rife and unchallenged by the boy bankers who are the front for their organisation – or organised crime (depending on your viewpoint). The lack of respect by these bad boy bankers and industrial insurance agents ( Uner Insurance Law) remain unchallenged .
You don’t even need to produce a death certificate to apply for probate!!