Most estates are dealt with honestly, but the period after a death can create opportunities for dishonesty. Assets change hands, families are grieving and distracted, and the deceased is no longer able to speak for themselves. In this article ‘Probate fraud: warning signs and what you can do’, we look at probate fraud, the warning signs that something may be wrong, and what you can do if you suspect that an estate is being dealt with improperly or that you are being targeted by a scam.
To speak to our experts, please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Does Probate Fraud Look Like?
Probate fraud covers a range of dishonest conduct connected with the estate of someone who has died. It can take several forms, such as:
- A will may be forged, or an earlier genuine will may be concealed in favour of one that benefits a particular person.
- A will may have been made under pressure, where someone close to the deceased coerced them into changing it.
- An executor or administrator may misuse their position by taking estate money for themselves, undervaluing assets they intend to acquire, or failing to account to the beneficiaries.
- Someone with no entitlement may apply for a grant in order to gain control of an estate.
Alongside these, there are scams aimed at executors and beneficiaries, and fraud that uses the deceased’s identity to obtain credit or goods.
What Are The Warning Signs Of Probate Fraud?
Many concerns turn out to have an innocent explanation, but certain patterns are worth noting.
A will that appears unexpectedly, or one made late in life that departs sharply from the deceased’s long held wishes, can be a warning sign, particularly if it benefits someone who was closely involved in their care or affairs at the time. A will prepared without independent advice, or where the main beneficiary was present when instructions were given, can also be a red flag.
In the administration itself, signs of concern include an executor who refuses to provide information or estate accounts, long and unexplained delays, assets that seem to have disappeared or been sold cheaply to someone connected with the executor, and large withdrawals from the deceased’s accounts in the months before death that nobody can explain.
What Types Of Scams Target Executors And Beneficiaries?
Separately from disputes within families, fraudsters sadly sometimes target people who are dealing with an estate. Common approaches include letters or emails claiming you are entitled to an inheritance from a stranger, provided you pay a fee or provide bank details first. Others pose as banks, HM Revenue and Customs, or the Probate Registry and request payment or personal information. Some impersonate solicitors and send altered bank details for a transfer.
As a rule of thumb, genuine organisations will never ask you to pay a fee to release an inheritance, and you should always verify a change of bank details by telephoning a number you already know to be genuine, rather than one provided in the message. If you are in any doubt, you should always take steps to verify the authenticity of the communication before acting on it.
How Can The Deceased’s Identity Be Misused?
After a death, unscrupulous individuals may try to use the deceased’s personal details to open accounts, apply for credit, or order goods. Notifying organisations promptly reduces the risk. The government’s Tell Us Once service can notify many public bodies at the same time, and registering the death with services that stop marketing mail and alert lenders helps prevent misuse. It is also worth asking the deceased’s banks and credit card providers to close or freeze accounts as soon as possible, and keeping an eye on post arriving at their address.
What Can You Do If You Suspect A Problem With A Will?
If you have doubts about a will, there are protective steps you can take before the estate is administered. Entering a caveat at the Probate Registry prevents a grant from being issued for six months, which gives time to investigate. A standing search is a lighter measure that entitles you to a copy of any grant issued within the following six months, so you will know who has taken control of the estate.
Investigating usually involves obtaining a copy of the will and, where possible, the file of the solicitor who prepared it, together with medical records if capacity is in question. A solicitor can request these on your behalf and assess whether there are proper grounds for a challenge.
What Can You Do If You Suspect An Executor Is Acting Dishonestly?
Beneficiaries are entitled to information about the administration of an estate. If an executor will not provide it, a formal request through a solicitor is often enough to prompt a response. Where there is evidence of wrongdoing, the court has power to order the executor to provide an account, and can remove and replace an executor who is not fit to act. An executor who has misused estate money can also be required to repay it personally.
Where conduct amounts to a criminal offence, such as theft from the estate or forgery, the matter can also be reported to the police through the national fraud reporting service.
How Can You Reduce The Risk Of Probate Fraud In Your Own Estate?
The most effective protection is planning. A will prepared by a solicitor, who takes instructions from you independently, records your wishes, and is satisfied as to your capacity, is far harder to forge, conceal, or challenge than a homemade document. Storing the original will safely with your solicitor removes the risk of it being lost or destroyed. Choosing executors carefully, or appointing more than one, adds a further safeguard.
How Can Bartletts Solicitors Help?
If you have concerns about a will or about the way an estate is being handled, our team can advise you on the strength of your position, take protective steps such as entering a caveat or standing search, and pursue an executor who is not meeting their obligations. We deal with these matters sensitively, aiming to resolve them as quickly and constructively as possible. We can also prepare your own will and store it safely, so that your wishes are protected.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
