How to protect your estate from probate fraud

6th Aug 2025

Author: Michael Bracegirdle

Probate fraud is on the rise in the UK, with organised criminals exploiting weaknesses in the system to steal from estates. Understanding how it works and acting quickly can make all the difference in protecting your assets and your loved ones. Mike Bracegirdle, Partner and Wills and Trusts expert, explains more.

What is probate fraud?

Probate fraud is dishonest conduct aimed at benefiting from someone’s estate after their death. It can take many forms, including:

• Forging a Will or a signature.
• Creating a fake Will.
• Manipulating the probate process.
• Exploiting vulnerable individuals when making or amending a Will.

Fraudsters are becoming more sophisticated, taking advantage of changes to the probate system and often targeting estates where they believe there will be no one to challenge them.

Warning signs of probate fraud

Some red flags to watch for include:

• A sudden or unexpected change in a pre‑existing Will, especially if it disadvantages known beneficiaries.
• The person who made the Will appeared anxious, confused or pressured about their Will.
• Unfamiliar people named as beneficiaries or executors.
• The person who helped prepare the Will also being named as a beneficiary.
• A signature on a Will that does not match earlier versions.
• Significant gifts or transfers of assets made shortly before death.

If you notice any of these signs, it is important to act quickly.

Notable recent cases

A high‑profile BBC investigation uncovered organised criminal groups exploiting the Bona Vacantia register, a government list of estates belonging to people who have died without known heirs. Fraudsters were using this information to forge Wills and pose as beneficiaries, particularly targeting estates where no relatives were likely to come forward.

In one case, a man submitted a forged Will naming himself as the sole beneficiary of a property worth over £1 million, even though the address listed in the Will did not exist at the time it was supposedly written. When genuine relatives attempted to intervene, authorities directed them towards costly civil litigation rather than pursuing criminal investigation.

In another case, dubbed ‘Grave Robbers’, a fake Will and probate application declared the estate value below the inheritance tax threshold, allowing the fraudster to avoid scrutiny and gain access to the deceased’s bank accounts. While the Solicitors involved acted swiftly to protect a property, in other instances fraudsters successfully obtained a Grant of Probate and sold property before the fraud was detected.

Following these revelations, the Bona Vacantia list was taken offline in July 2025 but the cases highlight how vulnerable unclaimed or intestate estates can be.

Why is this happening?

Several factors have made it easier for fraudsters to exploit the probate system:

• Less verification: Since the probate process moved online in 2017, there is no longer a requirement for face‑to‑face oath‑swearing or ID checks at local probate offices.
• Simplified applications: ‘Tick‑box’ online applications allow people to declare estate values below the inheritance tax threshold without providing supporting evidence.
• Unclaimed estates: Estates without a valid Will, or those with no close relatives, are especially at risk.
• More contested estates: Demographic changes, including more blended families and an ageing population, have led to a sharp increase in contested probate cases, up by 127% between 2012 and 2023, with a 30% rise in the last four years alone.

How can you protect your estate and family?

The best way to prevent probate fraud is to take clear, proactive steps. Our team can help you create a valid Will, apply for probate promptly and challenge any suspicious activity on your behalf.

Here are key steps to reduce the risk of probate fraud:

• Prepare a valid Will early: Ideally with legal advice and secure storage, ensuring your wishes cannot be contested or misused.
• Register Lasting Powers of Attorney (LPAs): For health, welfare, property and finances – providing safeguards if you lose capacity.
• Act promptly after a death: Applying early for a Grant of Probate or Letters of Administration makes it much harder for fraudsters to intervene.
• Seek expert advice if you suspect wrongdoing: Our Dispute Resolution Team works closely with our Wills, Trusts and Estates Team to investigate suspicious Wills, asset transfers and transactions.
• Raise the alarm quickly: We can liaise with HMRC, the Probate Registry, law enforcement and, where necessary, support you through civil or criminal proceedings.

Why timing is critical

Applying for a Grant of Representation as soon as possible after a death greatly reduces the risk of fraud. Many fraudulent applications target unclaimed estates that proceed unchallenged through Bona Vacantia or intestacy rules. Acting quickly helps secure control over bank accounts, property and other assets before unauthorised activity takes place.

How can Butcher & Barlow assist?

Probate fraud is becoming more common, but you do not have to face it alone. There are strong steps you can take now to protect your estate and ensure your wishes are honoured.

At Butcher & Barlow, we are ready to guide you with empathy, honesty and expertise. Whether you are planning your Will or dealing with the estate of a loved one, prompt action and trusted legal advice are the best protection against probate fraud.

Contact our Team on 0161 764 4062 for guidance and advice.  Mike can be contacted on 01606 334309 or email mbracegirdle@butcher-barlow.co.uk

FAQs

Is probate fraud a criminal offence?
Yes. Probate fraud can involve crimes such as fraud by false representation, forgery and theft. However, criminal investigations are often slow, which is why civil action may also be needed.

What should I do if I suspect a forged Will?
Seek urgent legal advice. We can review the Will, obtain expert handwriting evidence, and take steps to challenge the probate grant.

Can I stop probate if I suspect fraud?
Yes. It is possible to lodge a “caveat” at the Probate Registry, which prevents probate from being granted while the issue is investigated.

 

 

 

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.