Probate fraud is a growing problem in the UK, as criminals find new ways to exploit the system that handles people’s estates after death. Families can be left devastated, not only financially but emotionally, when fraudsters interfere with the rightful inheritance process.

Is probate fraud on the rise?

Yes cases are increasing – especially as more probate applications are now processed by the Probate Registry online, which can reduce human oversight. In the past executors went to local probate offices and had face to face meetings with Registrars, who might ask probing questions to establish that a Will is valid and an executor genuine. 

Types of probate fraud

Probate fraudsters – often criminal gangs – might target the estate of someone with no known, or only distant, heirs, then forge a new Will leaving everything to themselves. They then try to rush this through the probate application process in the hope of gaining the whole estate.

However probate fraud isn’t only about redirecting inheritances illegally. It can also encompass tax fraud by claiming in a probate application that an estate they have fraudulently acquired is worth far less than it really is, so the claimed valuation sits  below the Inheritance Tax-free allowance (currently £325,000) meaning no inheritance tax is due.

Probate fraud can be committed after someone dies (through forging an entirely new Will for example) but fraudsters may also target still-living vulnerable people who can be persuaded or bullied into changing their Will.

And while criminal gangs are increasingly involved, ordinary people who were close to the deceased may also commit probate fraud: for example an executor might not declare all assets of the deceased. A relative, friend or acquaintance might pressure an elderly or unwell person to change their Will – or even access the deceased’s bank accounts without authority, before or after death.

The “Bona Vacantia” list You may have heard of the Bona Vacantia list. If someone dies with no Will in place and no known relatives, their estate passes to the Crown. The Bona Vacantia is the current list of unclaimed estates. Heir hunter firms have often used this published list to try and locate legitimate heirs entitled to some or all of the estate. (Bona Vacantia means “ownerless property”). However fraudsters have viewed this list as an easy way to pinpoint estates that might be more susceptible to fraud. They might find an unclaimed estate, forge a Will, and then apply online for probate.

As a response to the growing probate fraud problem, and particularly to a BBC investigation into probate fraud, in July 2025 the Government removed the Bona Vacantia list from their website.

What you can do to protect your own estate

Make sure your Will is safe

1. If you are concerned about fraud in your own estate after your death, store your Will with a solicitor. We would advise our clients to store their Wills with us in any event.
2. You can also register your Will with the National Will Register (though there are fees for this).
3. Make sure people you trust know where your Will is stored so they can locate it easily on your death.
4. Sign up for Land Registry alerts on your property, so if someone makes an application you will be informed. There have been cases of fraudsters transferring homes without the owner even knowing. That way your home will be going to who you want in your Will when the time comes. (Read our article on the Land Registry alerts service.)
5. Consider making a Property & Financial Affairs Lasting Power of Attorney (LPAs), with one or more individuals you completely trust as Attorneys, as they will have the power to manage your finances etc if you lose capacity. This should lessen the risk you could be taken advantage of.

If someone has died and you are an executor

1. Consider using a professional firm to administer the estate
   • Using a solicitor for the probate process will give you peace of mind.
     
2. Stay alert
   • Of course for a small or uncomplicated estate you might want to administer it yourself – if you are doing this and you discover something that seems off, contact the police and/or the Probate Registry.
     
3. If a new Will suddenly appears
   • Check the signature against an older Will if there is one, and ask around to see who knows about any unexpected beneficiaries.
4. If you’re dealing with probate
   • Make sure documents are verified, and apply for the Grant of Probate in a timely manner.

Final thoughts

Probate fraud is a reminder that even in moments of grief, vigilance is essential. By staying alert and using professional support, families can better protect themselves against criminals trying to exploit the system.

How Mercers can help

If you would like to write a new Will or update an existing Will, or you are interested in setting up Lasting Powers of Attorney, please contact Mercers Private Client department and we will be happy to assist.

We can also help with the probate process for those who have left a Will or have passed away intestate (without a valid Will).