The Bona Vacantia list, which publicly identifies estates of people who have died intestate and without known heirs, was last week reinstated by the Government after previously being taken offline amid concerns about fraud. In response, Parfitt Cresswell Solicitors, who contributed to BBC and ITV programmes highlighting probate fraud using the list, has warned that restoring the list without strengthened safeguards risks re-exposing the system to abuse.
The Government’s announcement stated that, “The review found no evidence the Bona Vacantia unclaimed estates list has been the source of fraud.” Parfitt Cresswell does not accept that position. Their investigations, alongside their wider experience of probate fraud, indicate that the list has been used on multiple occasions by organised criminal gangs to facilitate probate fraud.
The firm says this is not a hypothetical risk. Parfitt Cresswell has previously uncovered and helped expose systematic probate fraud involving forged Wills, fraudulent probate applications and the rapid extraction of estate assets before detection. These cases demonstrate a clear and recurring pattern in which estates on the list are targeted, exploited and stripped of value, often before rightful beneficiaries or HMRC become aware.
Simon Steele-Williams, litigation lawyer at Parfitt Cresswell, said:
“The Bona Vacantia list should not have been reinstated without meaningful safeguards being introduced first. We have seen clear evidence that publicly available estate information has been exploited on multiple occasions to commit serious fraud. Transparency is important, but transparency without protection simply exposes estates to criminal activity. We warned that restoring the list without reform would recreate the conditions in which fraud can flourish.”
Parfitt Cresswell has previously written to the Lord Chancellor warning of these risks and calling for urgent reform. The measures proposed by the firm included:
- A government-led investigation into fraudulent probate applications;
- Stricter checks on Wills, executors and witness information, particularly in cases involving publicly listed estates;
- Improved collaboration between the probate system and financial institutions to identify and halt suspicious activity;
- The adoption of technology, including AI-driven tools, to flag potentially fraudulent applications at an early stage.
The firm says these proposals were practical and proportionate safeguards designed to preserve transparency while protecting estates, beneficiaries and the taxpayer.
Parfitt Cresswell warns that restoring the Bona Vacantia list without implementing these protections risks repeating the very failures that previously allowed criminal gangs to steal millions with relative ease. Unless these measures are adopted, the firm says confidence in the probate and estate administration system will remain undermined, and further instances of fraud can be expected.
Parfitt Creswell has offices across the South-east and also trades as Charles Coleman & Co., Colemans, Copley Clark, Jevons, Riley and Pope, Keene Marsland, and Max Barford & Co.
