Bona Vacantia and fraudulent wills – how to protect your estate

 As reported in the BBC, there is growing concern arising from the government’s publication of the list of unclaimed estates. This list could be accessed by the public and provides sufficient information to allow fraudsters to apply for probate using fraudulent wills.

The article refers to two beneficiaries were told, by will hunters, that they had inherited a life-changing sum of money from their late aunt. What followed was a tragic case of likely fraud and abuse of process, where a man completely unknown to the deceased’s family, and to the deceased herself, seemingly forged a Will and was granted Probate. This gave the fraudster authority to deal with the assets, including land, of the estate and to distribute it to himself as the sole beneficiary.

Another unfortunate case mentioned in the article is an elderly gentleman who prepared his own Will; however, all the named beneficiaries predeceased him and the whereabouts of the Will was unknown, which allowed a fraudster to take the liberty to apply for Probate on similarly fraudulent grounds.

These cases are unfortunately not ‘one-offs’. As mentioned in the BBC article, there have been other cases of fraud where criminals have searched the formerly publicly available list of unclaimed estates and produced Wills purporting to appoint themselves as executors and sole beneficiaries of the estates.

Lost DIY Wills falling into Bona Vacantia?

Some people prepare their own Wills, either using templates they have found or simply writing one themselves. The risks of making a DIY Will are more than just making drafting errors, not witnessing the Will property, or leaving out substitution clauses, although these are important!

Another risk is that your home-made Will, which would likely be stored at home, could be lost, thrown out as part of general clutter, or very badly damaged, which could mean that you are presumed to have died intestate, i.e., without a Will.

In such a case, where the whereabouts of your Will is unknown and there is no clear next of kin according to the rules of intestacy, it is possible that the assets in your estate will be considered ‘Bona Vacantia’, i.e., unclaimed goods, which pass to the Crown.

The fraudsters mentioned above took advantage of the fact that many of these unclaimed estates were publicly listed by the government by producing fake Wills and applying for Probate on this basis.

Preparing a DIY Will and simply letting someone know it’s somewhere at your home unfortunately does not protect against a presumption that you have died without a Will. Making a Will at home which could easily be missed still makes it easier for fraudsters to take advantage of these unclaimed estates.

Will’s Whereabouts – Get It Right the First Time

When you use a solicitor to make your Will, you’re not only paying for sound advice and a validly executed Will, but you are also ensuring that it is much more difficult for fraudsters to take advantage of you even after you have passed away, when conditions are unfortunately riper for fraud.

This is because it is important for your Will to be traceable. That’s why, at Anthony Gold, we take seriously the need to keep your Will safe and confidential, yet also findable for those who have the authority to submit the Will for Probate.

We use a variety of precautions and systems, including using service providers that assist valid next-of-kins to locate a Will and keeping an up-to-date record of Wills we hold, to eliminate the risk of fraudsters taking advantage of you after you’ve passed away. By making a Will that is traceable and stored safely, this gives your relatives closure as to what your final wishes are and ensures that those most important to you benefit as you want them to, giving you peace of mind as well.

If you have any questions, call us today on 020 7940 4060 or email at mail@anthonygold.co.uk.