How we helped uncover a worrying pattern of probate fraud
At Parfitt Cresswell, we’ve always taken pride in safeguarding the wishes and legacies of our clients. But recently, we found ourselves at the heart of a case that revealed a deeply troubling vulnerability in the probate system—one that could affect anyone who dies without a Will.
We worked with the BBC on their Radio 4 series The Grave Robbers. The series exposed how criminal gangs are stealing millions from legitimate heirs and from HMRC and the Crown—using forged Wills to exploit systemic weaknesses in the probate process. These fraudsters are slipping through with alarming ease, and unless action is taken soon, more families could suffer the same fate.
The Case That Sparked It All
We acted as Attorney under a Lasting Power of Attorney for a client who passed away intestate—meaning without a Will. We knew no Will existed. Yet, when we applied for Letters of Administration after paying inheritance tax, we discovered that the Probate Registry had already issued a Grant of Probate against a forged Will. The Will falsely claimed that the estate was below the tax threshold, letting the fraudster bypass HMRC and access hundreds of thousands of pounds in the client’s accounts. Fortunately, we managed to protect a property, but had we not acted swiftly, the entire estate could have been lost.
Fighting Back in Court
Once we confirmed the fraud, we immediately launched legal action. We secured an injunction to freeze the assets, had the fraudulent Grant revoked, and obtained a court order allowing a family member to administer the estate properly. It wasn’t easy, and the work came with significant risk to us and to the beneficiaries. We couldn’t guarantee recovery of the funds, but we pushed forward because it was the right thing to do.
After multiple court proceedings, we were able to secure over 60% of the estate and recover some of the funds from the fraudsters’ frozen bank accounts. We also reported the fraud to the police and to Action Fraud—but, frustratingly, we are not aware of any action being taken.
Had we not had a personal relationship with the deceased, the fraud would likely have gone undetected.
Systemic Failures That Need Addressing
This case isn’t an anomaly. It’s part of a broader pattern, one we’ve seen documented across the legal press—including in Today’s Wills & Probate. Fraudsters are targeting estates listed on the Bona Vacantia register, forging Wills, declaring low estate values, and liquidating assets before anyone can challenge them.
That’s why we’ve written to the Lord Chancellor and several MPs, calling for urgent reform. Our proposals include:
- A government-led investigation into probate fraud;
- Stricter checks on Wills and witness details—especially for estates that have been listed on the bona vacantia list;
- Better coordination with banks and financial institutions to flag suspicious activity; and
- Use of AI and machine learning to catch fraudulent probate applications early.
Raising Awareness and Calling for Action
Since The Grave Robbers aired, the Bona Vacantia register has been taken offline—a small but welcome step. But we believe it’s just the beginning.
The ease with which fraudsters exploited the system is chilling. Without reform, more families will lose what’s rightfully theirs, criminals will continue to profit, and public trust in estate administration will be eroded.
Let’s Work Together
At Parfitt Cresswell we’re committed to raising awareness and protecting our clients. Through our business radio show Connections Radio, we’re also inviting other lawyers, professionals and individuals to come forward if they’ve encountered similar estate fraud. Together, we can demand change, protect lawful heirs, and restore confidence in probate law.
Would you like to speak with a lawyer about making a Will and protecting your loved ones’ futures? At Parfitt Cresswell we offer a Complimentary Initial Consultation, offering you the chance to speak with a legal professional to find out more about what can be done to ensure your wishes are fulfilled, and your loved ones protected. Click on the button below or call us today to arrange your consultation.
