The BBC recently uncovered a shocking rise in fake-will fraud across the UK, with criminal gangs exploiting weaknesses in the probate system to steal entire estates. Families of the deceased are being left devastated, often learning months later that their loved one’s property has been transferred or sold — all based on forged documents.
At Burd Ward Solicitors, we understand how important it is to protect your estate and ensure your wishes are respected. In this article, we explore how these scams are being carried out, why the current system is vulnerable, and what you can do to safeguard your legacy.
What Is Fake-Will Fraud?
Fake-will fraud involves criminals submitting forged or counterfeit wills during the probate process in order to gain control of a deceased person’s estate. In many cases, the fraudsters pose as executors or claim to be beneficiaries under the forged will.
The rise in online probate applications — intended to simplify the process — has unfortunately created new opportunities for abuse. In some instances, these criminals have managed to sell homes and access bank accounts without any of the legitimate heirs being aware until it’s too late.
Real-Life Cases That Highlight the Problem
Real-Life Cases That Highlight the Problem:
- Nicole and Lisa, two sisters from London, were shocked to discover that their late aunt, Christine, had supposedly made a new will — one they had never seen. The forged document named an unknown individual as the sole beneficiary, and probate had already been granted without the family’s knowledge.
- In another case, Michael, who passed away in 2020, had his home transferred based on a counterfeit will. HMRC became suspicious after probate was granted and froze the property, preventing a sale.
In both cases, probate was granted with minimal scrutiny, and the rightful heirs were left battling to prove the fraud and reclaim the estate.
How the Scam Works
Fake-will fraud typically follows a pattern:
- Identifying a Target: Fraudsters find recently deceased individuals — often those who lived alone or had no immediate family.
- Forging Documents: They create a counterfeit will, often witnessed by fake or untraceable individuals.
- Submitting Probate Applications Online: The application is made with minimal identity verification.
- Gaining Control: Once granted, the fraudster can sell property, withdraw funds, and disappear — all before the rightful heirs know what’s happening.
This is not just identity theft — it’s the theft of someone’s entire legacy.
Why the System Is Vulnerable
- Online Probate Loopholes: The 2017 introduction of digital probate forms made it easier for fraudsters to apply without stringent checks.
- Weak Identity Verification: There’s currently no mandatory face-to-face or biometric verification for applicants.
- Lack of Cross-Checking: In some cases, banks, HMRC, and the probate registry aren’t cross-checking declarations in real-time.
- Overstretched Resources: Probate offices and courts have seen cuts in staff and funding, slowing the investigation and reversal of fraud.
What Can You Do to Protect Your Estate?
- Use a Regulated Solicitor: Ensure wills are drawn up and stored by a reputable law firm.
- Register Your Will: Services like the National Will Register help prove a will’s authenticity and existence.
- Name Trusted Executors: Choose executors you trust and discuss their role in advance.
- Let Loved Ones Know Where Your Will Is Kept: Reduces the chance of confusion or exploitation.
- Be Cautious with Online Templates: DIY wills can be risky and easier to forge or contest.
- Consider Adding Safeguards: Talk to your solicitor about extra ID checks for your executors or using a trust structure.
Final Thoughts
Fake-will fraud is a distressing but growing problem in the UK. While the legal system is catching up — with HMRC and the probate registry now launching reviews — prevention is the best defence.
If you’re concerned about the security of your estate or need help drafting a will, speak to our Wills & Probate team today. We’re here to ensure your wishes are honoured and your loved ones protected.
Call us today on 0151 639 8273 or email info@burdward.co.uk for a confidential conversation.
Don’t leave your estate vulnerable — put the right protections in place now.