Are London homes still at risk of probate fraud?

Homes in London, bought decades ago by people on modest incomes, can now be worth substantial sums. This has pushed up the value of estates, on death, to hundreds of thousands, even millions, of pounds and has made them the target of probate fraudsters.

Probate fraud is not merely a dispute over paperwork. A forged Will or false claim to administer an estate can enable someone to access bank accounts, transfer assets and attempt to sell the deceased’s home. By the time relatives realise that something is wrong, money may have disappeared and a property transaction may already be under way.

The risk became clear last year when Parfitt Cresswell Solicitors helped expose how criminals were exploiting gaps in the system to obtain Grants of Probate and divert estates away from their rightful beneficiaries. A number of similar cases prompted difficult questions about how false documents and implausible information had passed through the application process. The Government did take action, but it addressed only part of the problem.

Why the unclaimed estates list matters

In July last year, in response to the issues raised, the Government suspended publication of the Bona Vacantia (unclaimed estates) list while it reviewed the information being made publicly available. The list has a legitimate purpose: at a time when only around 40% of adults make a will, it allows relatives and representatives to identify estates where somebody may be entitled to inherit. Removing it permanently could stop genuine beneficiaries receiving what is theirs.

The list was made available again in January 2026 in a more limited form. It now gives the deceased person’s name, date and area of death and a Bona Vacantia Division reference, but no longer publishes details such as the date and place of birth.

That was a sensible precaution because it reduced the personal information immediately available to somebody constructing a false claim. It did not, however, close the weaknesses that can allow a fraudulent probate application to succeed. Much of the omitted information can be found elsewhere, particularly when a high-value London property offers criminals a powerful incentive.

How a valuable home can slip through the checks

In the case in which our firm became involved, we had previously acted under a Lasting Power of Attorney for a client whom we knew had not made, and did not intend to make, a Will. After the client died, we discovered that a Grant of Probate had been issued on the basis of a Will which contained serious inconsistencies.

Hundreds of thousands of pounds had already been removed from the estate. We obtained an injunction, had the fraudulent Grant revoked and prevented the property from being sold. We were able to act because our earlier relationship with the deceased meant that we recognised the supposed Will was not credible. Many families will have no solicitor in that position.

One warning sign should have been obvious. A large house in an expensive part of the Southeast had been included in an estate declared to be worth less than the inheritance tax threshold (currently £325k). A basic sense-check of the property’s likely value could have led to further questions before the Grant was issued. The probate process should use the information already available to identify such discrepancies, rather than relying on somebody to discover the fraud after assets have gone.

Checks that could stop fraud before the damage is done

Applications relating to estates that have appeared on the Bona Vacantia list should be treated as higher risk and subjected to additional scrutiny. That need not mean imposing long delays on every bereaved family.

Proportionate checks could verify the identity and address of the proposed executor, confirm the identity and contact details of the witnesses, and examine when and in what circumstances the Will was made. A property valuation that appears inconsistent with its location should trigger an enquiry before probate is granted.

A national register of Wills would make it more difficult to manufacture a document after somebody’s death. Technology could also be used to cross-reference applications with the Bona Vacantia list and flag recurring names, addresses, witnesses or bank accounts. Banks and other financial institutions need a clear route for escalating suspicious activity before they release estate funds.

Families should not have to recover an estate after it’s stolen

Once assets have left an estate, recovering them is difficult, expensive and uncertain. In the case above, substantial legal action recovered more than 60% of the estate, but the beneficiaries still suffered a significant loss. Many families could not fund litigation on that scale, particularly when there is no certainty that the missing assets or their legal costs will be recovered.

Restricting the information on the unclaimed estates list was a useful first step but much more needs to be done. There needs to be clear responsibility for investigating suspected probate fraud. A family reporting credible concerns should not be passed between the Probate Registry, the police and Action Fraud while property or money is being transferred.

Families should also take simple steps to almost extinguish the risk. Making a valid will, keeping it secure and ensuring that your executors and close family know where it can be found, means that your estate will not be treated as unclaimed. Registering the will provides an additional safeguard.