The BBC’s recent investigation into the case of Christine Harverson - where two sisters expecting to inherit their aunt’s estate were abruptly displaced by a man unknown to her family - has brought a prevalent but often under reported issue into the public eye: the growing threat of will fraud and the worrying vulnerability of the UK probate system.
Our contentious probate lawyers examine how the Christine Harverson case highlights significant flaws in the UK probate system, including the increasing risk of will fraud and estate exploitation.
Exploiting the Vulnerable: How Probate Gaps Enable Fraud
The details suggest an emerging pattern whereby criminal gangs are exploiting gaps in the probate process to intercept estates, often those of isolated individuals with no immediate family presence and thus no challenge to their exploits.
In Harverson’s case, Christine had died intestate, when an application for a Grant of Letters of administration was applied for to allow the estate to be administered in accordance with the intestacy rules a man claiming to be a “dear friend” presented a purported will naming, himself sole beneficiary and executor.
Despite serious doubts about its authenticity, neither the police nor the probate authorities investigated further. This is not uncommon with these sorts of issues, seen as a matter for civil litigation.
As a specialist in contentious probate, I have seen an increase in efforts to defraud estates via fraudulent Wills (predatory marriages is another area where this is seen, but commands its own discussion).
There are no measures in place to prevent such cases. The Deceased will typically be vulnerable and without close family, and as such, the crime will go entirely undetected, a seemingly victimless crime.
The underlying issue is systemic. The current probate system is heavily reliant on self-certification and manual review, with limited mechanisms for verification unless litigation is initiated. The Probate Registry is not an investigative body, and unless a clear criminal offence is flagged with substantial evidence, law enforcement is often reluctant to get involved.
The Urgent Need for Reform and Protection
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.
Jennifer McGuinness, Specialist Contentious Probate Lawyer, says:
"As a contentious probate specialist, I am acutely aware that there will be a multitude of forged or procured wills that have gone undetected at the application stage; some involving deceased persons who had no known friends or family, just like Christine Harverson. In these scenarios, the perpetrators are emboldened by the knowledge that there is little risk of early detection, especially if the estate appears modest on paper.
Former MP Sir Bob Neill is absolutely right in stating that probate is 'not politically sexy'. It is not seen as a priority area. The probate process has been subject to plentiful cost-cutting with little regard for fraud prevention. What we now have is a stripped-back, semi-automated system with none of the fraud detection sophistication seen in other sectors like insurance or banking."
A System That Fails the Most Vulnerable
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.
Contact Our Contentious Probate Lawyers
If you or a loved one are facing complexities or disputes in probate matters, our specialist contentious probate lawyers at Myerson are here to help.
Contact us today for a confidential consultation and secure the support you need to protect your inheritance and rights.
0161 941 4000
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Jennifer McGuinness
Partner
Jennifer has over 20 years of experience acting as a Contentious Probate solicitor. Jennifer has specialist expertise in Wills and probate disputes, inheritance claims, proprietary estoppel claims, trust of land claims, mutual Wills, and trust disputes.
About Jennifer McGuinness