The BBC’s Shadow World podcast episode The Grave Robbers has highlighted a growing problem in the UK probate system. Organised criminals are exploiting weaknesses in the online probate process to submit forged Wills and take estates from people who have died without valid Wills.
The investigation links these frauds to wider criminal activity, including identity theft, money laundering, visa fraud and illegal property sales.
How the Fraud Happens
Cases featured in the investigation show a consistent pattern:
- Criminals identify vulnerable estates, often from the Bona Vacantia list of unclaimed assets.
- They submit forged Wills through the online probate service, naming themselves or associates as beneficiaries.
- Estates are undervalued, sold and stripped of assets to avoid HMRC scrutiny.
- Families are often unaware until it is too late, with limited and expensive legal options to challenge the fraud.
The move to online probate in 2017 removed important safeguards, including in person verification of original Wills, checks on witnesses and questioning of suspicious claims.
Warnings from Probate Researchers
Probate researchers have raised concerns for years, identifying suspicious patterns and linking cases across the country. Reports were made to the Probate Registry, HMCTS, ActionFraud and senior government figures, but no coordinated action was taken.
The weaknesses highlighted include:
- No in person identity checks for online probate.
- Limited resources to investigate fraud within HMCTS.
- Poor communication between agencies.
Recommended reforms include reintroducing live ID checks, requiring notarisation for overseas documents, and creating a central probate fraud intelligence hub.
How Estate Planning Can Protect You
At APT Legal, led by estate planning specialist Carrie Boughtwood, we help clients take proactive steps to secure their estates and reduce the risk of disputes or fraud.
Key protections include:
- Having a Professionally Drafted Will
A valid Will prepared by an experienced professional is much harder to challenge or forge. - Secure Will Storage
We store Wills in a safe and controlled environment so the original document cannot be tampered with. - Will Registration
We can register your Will with a recognised service so its existence and location can be confirmed before probate is granted. - Choosing the Right Executors
Executors should be reliable, act promptly and understand their responsibilities. - Keeping Documents Up to Date
Regular reviews help ensure your Will reflects your current wishes and circumstances.
Why Planning Ahead Matters
Once fraud or disputes arise, resolving them can be costly and time consuming. Estate planning ensures your wishes are clear, your documents are secure and your loved ones are protected.
APT Legal’s expertise in Wills, trusts and estate planning means clients receive advice that not only meets legal requirements but also closes the gaps that criminals and disputes can exploit.
Take Action Today
The Shadow World investigation shows that fraud is a real risk in the probate system. Planning your estate with the right safeguards is the best way to protect your assets and provide for your family.
If you want to ensure your estate is secure and your wishes are followed, contact APT Legal to arrange a confidential consultation.
