Probate Fraud in the UK: Lessons from the Christine Harverson Case

Change is required. Measures such as a centralised will registration system, routine cross-checking of late-stage will submissions and a designated fraud investigation unit could offer much-needed protection, but appear unlikely in the current climate.  

Cases like this one are devastating for families, emotionally and financially. The BBC’s ongoing investigation into alleged will fraud cases has certainly helped illuminate the issue and will hopefully encourage people to make Wills and share their testamentary intentions with those around them.  

The estate of Christine Harverson exposes more than just criminal opportunism; it highlights flaws in the current system and the risk posed ,particularly to vulnerable and isolated people. 

As the report points out, it is disturbingly easy to claim an estate from the Bona Vacantia register, the government’s online list of unclaimed estates, simply by submitting a will and declaring oneself the sole beneficiary. In the absence of clear scrutiny, a fraudulent applicant can quickly obtain a grant of probate, seize assets, and even avoid inheritance tax. 

However, this specific vulnerability has now been addressed. Following the BBC’s investigation, the Bona Vacantia unclaimed estates list has been taken offline.

This step has been widely welcomed by lawyers, including us at Myerson, but more must be done to protect the system from fraud. In a statement, the Ministry of Justice confirmed that it is “working with the relevant agencies to support ongoing investigations into alleged fraudulent activity.”

This is a system that hinges entirely on trust, but offers few practical safeguards when that trust is abused. 

Since the move to online probate in 2017, we’ve seen what can only be described as a hollowing out of essential checks and balances.

The former requirement for executors to appear in person and swear an oath at a regional probate registry has been quietly dropped, removing an important opportunity for registrars to assess an applicant’s conduct and documentation first-hand. 

Fraudsters are adept at exploiting this. And while the Ministry of Justice claims to be working with law enforcement, we see little practical evidence of this. Police forces are often unfamiliar with the nuances of will fraud, and investigations are rarely prioritised. 

Probate fraud is a growing financial crime that disproportionately targets the elderly, the isolated, and those without close family. 

Until such changes are made, fraudsters will continue to exploit these loopholes with near impunity, and rightful heirs will be forced to fight uphill legal battles; often too late and at great personal cost.