The Estate Registry (TER), which provides a suite of end-of-life admin services, broadly welcomes the recent resumption of the publication of the Bona Vacantia list by the government as a step toward greater transparency in the administration of unclaimed estates. However, growing concerns remain about whether this measure alone is sufficient to protect legitimate relatives from the risk of probate fraud.
Bona Vacantia, meaning “ownerless goods,” refers to estates left behind by individuals who die intestate and apparently without known heirs. Unless a claim is made against them, these estates will eventually pass to the Crown.
The publication of the Bona Vacantia list has served a dual purpose – enabling rightful heirs to come forward and claim estates, and providing a public record to discourage fraudulent or opportunistic claims.
The temporary suspension following allegations of fraud in a BBC investigation sparked grave concerns across the legal sector. While its return restores an important channel of public information, experts argue that the system still leaves significant gaps that may expose families to fraud, impersonation, and exploitation.
Howard Enders, chief operating officer at The Estate Registry, said:
“The resumption of the Bona Vacantia list has undoubtedly improved access to information. Relatives, heir hunters, and probate researchers can once again identify unclaimed estates and investigate potential family connections. This transparency is widely regarded as essential in ensuring estates are reunited with their rightful beneficiaries.
“However, transparency alone does not equate to protection. Publishing details of unclaimed estates can inadvertently attract bad actors who monitor the list for opportunities to submit false claims or manipulate vulnerable relatives who may be unaware of their rights. Fraudsters may impersonate heirs, fabricate family links, or pressure distant relatives into signing over claims in exchange for a fraction of the estate’s value.”
According to probate professionals, the increasing sophistication of fraud tactics means that simply making information public, without corresponding safeguards, may leave families exposed rather than protected.
Probate fraud is a growing concern in the UK, driven in part by digital access to records and increased awareness of unclaimed estates. Fraud can take many forms, including forged wills, false family trees, identity theft, and misrepresentation by unregulated intermediaries.
In the context of Bona Vacantia estates, fraud risks are heightened because, by definition, there is no immediately known next of kin. This creates an opportunity for dishonest claimants to step forward before legitimate relatives are even aware that an estate exists.
Legal experts warn that relatives living overseas, estranged family members, or those unfamiliar with probate processes are particularly vulnerable. Without proactive notification or verification mechanisms, many heirs may never know they are entitled to claim, while fraudulent claims may go unchallenged.
Enders added:
“While internal checks are applied before approving claims, critics argue that the burden still falls too heavily on relatives to discover estates and prove entitlement. The resumption of the list does not, on its own, introduce stronger identity verification, mandatory legal representation, or enhanced scrutiny of claims.
“The return of the Bona Vacantia list is an important step in restoring transparency and public confidence in the handling of unclaimed estates. It provides a vital starting point for rightful heirs seeking to reclaim what is legally theirs. However, it should not be viewed as a complete solution to the complex problem of probate fraud.”
