As the UK becomes an aging society, the issue of inheritance after the death of elderly people grows as a a high profile issue. People who are close to them often have no idea whether the elderly person has left a will, let alone whether they have other living relatives.
This has led to a phenomenon where there is a lot of “unclaimed property” (Bona Vacantia) in the UK. As a result, some people have set their sights on these inheritances. The government even recently removed its unclaimed estates list after a rise in reported cases of fraud within the probate system.
What is “Bona Vacantia” and why is it a target for scammers?
Bona Vacantia is a Latin term meaning “vacant goods”. In law, it refers to the estate left by an individual who dies intestate in England and Wales without legal heirs.
According to the law, these estates will pass to the Crown. Until recently, relevant information about these estates was regularly published on the official gov.uk website as the unclaimed Estates list. There were roughly 6,000 such estates listed on the list, which included basic information such as the name of the deceased, date of birth and death, and place of death.
The government’s original intention in publishing this list was to help lawyers and “family search companies” provide clues so that they can find possible legal heirs and help them claim their relatives’ inheritance.
However, leaving this detailed list open to the outside world has been regarded as a “gold mine” by criminals.
How did a gang of fraudsters ‘inherit’ an elderly woman’s million-pound estate?
In late 2023, an elderly woman without children passed away in Wimbledon, South London.
Christine Harverson lived independently following the death of her husband in 2020, had a small social circle, and did not leave a will. However, her nieces, Lisa and Nicole, were due to inherit her entire estate. Her name soon appeared on the Bona Vacantia list. A few weeks later, a man claiming to be her “dear friend” suddenly contacted the government agency responsible for handling her estate and submitted a “newly discovered will.”
The “will” was dated 2016 when Christine was housebound and disabled, and claimed that she left all her property to the man – including a detached house worth about nearly £1m.
There were a few signs that something wasn’t right about the validity of the Will. However, there are many suspicious points about this so-called “legal heir”. For example:
- His name, Tamas Szvercsok, is a typical Hungarian spelling, and Christine’s neighbour and friend, Sue, said that she had never mentioned a Hungarian friend.
- The will would have disinherited Christine’s husband and carer at the time
- Christine could not have legally bequeathed the house without her husband’s consent as he was a joint owner
- There was no record of Mr Szvercsok visiting Christine in the care home
- Christine’s home address was misspelled
- The address for Mr Szvercsok did not exist until 2021
According to the investigation, this person is suspected to belong to an organized international fraud gang that forged a large number of wills and illegally inherited the property of the deceased by establishing shell companies and fabricating identities.
What recommendations does our Solicitor make?
Solicitor Xinlei Zhang of Lisa’s Law makes the following recommendations:
When elderly or seriously ill people make a will, it is recommended that a doctor issues a medical certificate stating that they have the capacity to make a will and to keep records of the entire process.
- Be sure to use a written and recorded paper will and find a specialized lawyer to help you complete the will.
- Signatures are important in a will: if there are multiple versions or an illegible signature, its validity may be questioned.
- As for witnesses, the safest approach is to ask a lawyer or firm employee to be a witness and avoid the involvement of relatives.
There are many ways to prevent a will from being forged or tampered with
1. Make multiple copies to keep a record of the signing process
- In addition to the original, scanned copies or photocopies may be retained
- The signing process can be recorded on video, especially in families with a high risk of dispute
- Have a lawyer or professional organization issue a “proof of signature” document
2. Keep your will safe
- Do not leave your will in a drawer or in a place where it can be stolen
- Recommended storage methods: deposited in the will-making law firm; deposited in a bank safe deposit box; deposited in a government-recognized will registration system (such as the National Will Register)
3. Avoid “manual modification” with irregular modification methods
- It is not recommended to arbitrarily cross out, add to, or alter the original will
- If you want to make changes, you should use a “supplementary will” (Codicil), which also requires signatures and witnesses
- If the will has been revised multiple times, you should consider making a complete new will and declaring the old will invalid
4. Preventing a forged will from taking effect
- If someone submits a “new will” that conflicts with their original will, the court will determine its authenticity based on the evidence
- Including whether the signatures are consistent
- Whether there were witnesses on the day of signing
- Whether the source of the document is credible
- The testator’s mental state
- Whether there is a conflict of interest
Final thoughts
Since the introduction of the current digitised probate system in 2017, it has become easier than ever to create a will. In order to ensure the legality, authenticity, tamper-proof and legal validity of the will, Lisa’s Law recommends that you consult relevant professionals before establishing a will. We also recommend that you only write the will after receiving professional advice. If you have any related questions, please feel free to consult our Family Department at any time.
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