The Unclaimed estates page on the gov.uk website has been temporarily withdrawn, with a message simply stating
“Due to an administrative issue we have temporarily removed the unclaimed Estates list from our website. Further details will follow as soon as possible.”
Today’s Wills and Probate have reached out to the Government Legal Dept to enquire why the page has been withdrawn.
The timing of the withdrawal coincides with an expose published by the BBC over the weekend on how foreign criminals are exploiting gaps in the legal system to write unclaimed estates into fraudulent wills. The articles’ authors Sue Mitchell and Ben Milne explain how using the information held by Bona Vacantia, stealing property and financial assets of the deceased ‘appears to be extremely easy under UK law’ when no will can be located.
They explain how fraudsters identity potential targets via the official government register of unclaimed estates and produce a will ‘quickly enough, and be awarded grant of probate.’ And with it being possible to apply for grants online there is evidence to suggest there are not enough checks on applicants and fraudsters are using it to illegally obtain grants
“The evident apathy from police and probate services means these cases aren’t investigated for what they are; financial crime. Not only do criminals receive assets they’re not entitled to, but they also avoid inheritance tax that would be due. All because of a faulty system based on trust.”
said Collette Smith, Chief Customer Officer at SmartSearch
“Digitising the system has exposed weakness, however fraudulent activity like this could so easily be detected with a smart system. There should be more regulation and a more thorough requirement to verify the identities, addresses and legitimacy of any individuals claiming the inheritance. Yet another example of the impact of undetected financial crime”
Quoted in the BBC, former MP Sir Bob Neill, a former chair of the House of Commons Justice Select Committee until the general election in 2024 said the ‘over-eagerness to cut costs by digitising the probate system’ had resulted in flaws now being exploited.
He argued the move online has taken away a crucial step in the process when people had to attend regional offices where there was ‘human awareness, contact and scrutiny that was better suited to pick up cases where things have gone wrong.’ Moving online has negated any opportunity to question the executor and their behaviour.
One Response
For months, Fraser and Fraser have campaigned against fraudulent wills, providing concrete evidence that led to a recent BBC report. Despite their efforts, regulatory bodies, such as the GLD, have consistently shown a lack of interest, often stating they have no investigative power.
A digitised probate system without adequate human oversight, cultivates fraud. This isn’t a new problem, but a result of ignored warnings and systemic failures, devastating families and compromising the entire probate process. We need proactive measures to stop this now.
https://todayswillsandprobate.co.uk/rising-fraudulent-wills-threaten-heirs-as-authorities-fail-to-act-fraser-and-fraser/