The Government Legal Department have said there is no timeline on when the Bona Vacantia list will be available again online on GOV.UK after it was taken down earlier this week.
On Monday, the unclaimed Estates list published by the government was taken down following an expose detailing how fraudsters are exploiting gaps in the legal system to write unclaimed estates into fraudulent wills. Writing on the BBC Sue Mitchell and Ben Milne explained how fraudsters are identifying estates using the list held by Bona Vacantia, and producing fraudulent wills to be awarded the grant of probate. The article was critical of the move to online applications which has removed much of the previous scrutiny local officers were able to apply to applications, and created a gap through which fraudsters can lay claim to an estate.
Speaking to Today’s Wills and Probate a government spokesperson said,
“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.”
The move has been described as ‘drastic’ by Fraser and Fraser’s Neil Fraser who says the firm has been actively campaigning alerting authorities and the wider industry to what they identified as a systemic weakness being exploited by criminal elements. It was their persistent efforts and the compelling patterns of fraud they uncovered that ultimately caught the attention of the BBC. Writing in this publication in March of this year Fraser said there was a ‘systemic failure to protect estates’ robbing individuals of their rightful inheritance.
“This consistent modus operandi strongly suggests these are not isolated incidents but part of a well-orchestrated scheme to defraud the probate system. The scale of this problem is far greater than many realise, and the lack of response from authorities is deeply concerning.”
The firm says it has for months been observing and compiling evidence: a rise in highly suspicious wills being presented for estates that would otherwise become Bona Vacantia. Indeed the BBC’s investigation came as a result of this initial work.
Explains Fraser
“This probe reportedly uncovered mounting evidence of criminal gangs exploiting weaknesses in the digitised probate system. Fraudsters, it appears, have been identifying promising names on the Bona Vacantia list, quickly producing fabricated wills, and then obtaining grants of probate to claim millions of pounds from deceased individuals’ estates, often evading inheritance tax in the process. One alarming case cited by the BBC involved a Hungarian man producing a fraudulent will that named him as the sole beneficiary, despite glaring discrepancies in the document and his supposed address – a pattern that Fraser and Fraser had previously flagged.”
Despite his concern, Fraser said the lack of response from authorities was ‘worrying’ having submitted his evidence to The Government Legal Department, The Principal Probate Registry, Essex and Surrey Police and Action Fraud. Fraser and Fraser received a response from the BV Division stating, ‘The Government Legal Department does not have any regulatory power of investigating or enforcement in these matters.’
It’s a pattern noted by contentious probate practitioner Jennifer McGuinness, a partner at Myerson.
“I have seen an increase in efforts to defraud estates for via fraudulent Wills (predatory marriages is another area where this is seen but commands its own discussion). There is little or no measures in place to prevent such case. The Deceased will typically be vulnerable and without close family and as such the crime will go entirely undetected, the seemingly victimless crime.”
She added the current current probate system is ‘heavily reliant on self-certification and manual review’ adding there is limited verification required unless litigation is initiated. She concurs changes is needed
“The Probate Registry is not an investigative body, and unless a clear criminal offence is flagged with substantial evidence, law enforcement is often reluctant to get involved. Measures such as a centralised will registration system, routine cross-checking of late-stage will submissions and a designated fraud investigation unit could offer ‘much-needed protection’ but appears unlikely in the current climate. Cases like this one are devastating for families – emotionally and financially. The BBC’s ongoing investigation into alleged will fraud cases has certainly helped illuminate the issue and will hopefully encourage people to make Wills and share their testamentary intentions with those around them.”
Like Fraser she says the move online has precipitated a ‘hollowing out of essential checks and balances.’ Dropping the requirement for executors to appear in person and swear an oath at a regional probate registry removes an important opportunity for registrars to assess an applicant’s conduct and documentation first-hand.
Similar pleas from Fraser and Fraser for a more robust verification process, greater human oversight, and a thorough investigation into these activities largely fell on deaf ears for months adds Neil Fraser, concluding
“While the temporary removal of the Bona Vacantia list disrupts our work and that of other legitimate heir hunters, it is a necessary step that validates what Fraser and Fraser has been tirelessly campaigning for months.”
“We’ve consistently presented evidence of fraudulent wills and the systemic weaknesses in the probate process. It’s a testament to the power of investigative journalism that the BBC picked up our concerns and conducted further scrutiny, ultimately forcing this action. This is precisely the kind of change we have been calling for – the implementation of stronger safeguards to prevent fraud and protect the integrity of estates and rightful beneficiaries.”
6 responses
Perhaps Fraser and Fraser appear on episode 2 of The Grave Robbers podcast series, as they did not feature at all in episode 1, which is surprising, if the whole investigation came about because of their initial work?
Bona Vacantia should be completely abolished and all assets from it distributed to charities, not the Crown.
Commoners muscling in on the crowns crookery were can’t be having that.
For the true inside story, contact the company behind the investigation – Anglia Research – http://www.angliaresearch.co.uk
Peter you would publicise your own company wouldnt you? We have all been saying corruption was rife in the bona vacantia division but proving it was always difficult.
The fraudsters love to add a charitable donation to try and legitimise the fraudulent will. The witnesses to the will are almost always deceased and if not don’t match to the stated address, sadly it’s often too late and the grant is issued with the scammers running off into the distance