Common Types of Probate Fraud and How to Spot Them

Probate fraud is dishonest conduct involving a deceased person's will, estate or the probate process. It can take many forms, including forged wills, executor fraud, concealed property, false debts and dishonest attempts to redirect an inheritance.

Early detection can make it easier to protect the estate and preserve supporting evidence. If something about a will, an executor's conduct or the handling of valuables does not look right, it is worth checking the position before the estate is distributed.

This guide explains the most common types of probate fraud, the warning signs to look for, what evidence may help, and how JMW’s private wealth disputes team advises on contentious probate matters in England and Wales.

These examples show that fraud can affect wills, money, belongings and the conduct of people responsible for administering an inheritance. In other instances, fraudulent activity begins before death, such as in cases where someone is pressured or deceived into changing a valid will.

What Is Probate Fraud?

Probate fraud means using dishonest conduct to interfere with wills, a probate application or the administration of a deceased person's estate for improper gain. It may involve a personal representative, beneficiaries, family members, close relatives or someone with no legitimate interest in the inheritance.

Fraud can happen before death, during administration or after a grant has been issued. Examples include creating a forged will, hiding assets, submitting false information or misusing access to the deceased's bank accounts.

An unexpected will, an executor error or a dispute between beneficiaries does not automatically amount to probate fraud. There must be sufficient evidence of the dishonest conduct alleged. Probate law also distinguishes fraud from other grounds for challenging wills, including lack of mental capacity and undue influence.

How Can Probate Fraud Affect the Probate Process?

The probate process gives a personal representative authority to deal with the estate after a death. An application for a grant of probate or letters of administration usually requires details about the deceased, relevant wills and the value of the estate being administered.

Before applying, personal representatives need to value the estate and establish whether Inheritance Tax reporting or payment is required.

False information can therefore affect the probate system at several points. Fraudulent activity may involve concealed estate assets, suspicious wills presented as genuine or a person seeking authority without proper entitlement. The Probate Registry deals with applications for grants, while disputes about wills or entitlement may require separate contentious probate action.

GOV.UK currently states that a grant is usually issued within 12 weeks of an application, although it can take longer if more information is required. HMRC may also ask to see records supporting Inheritance Tax information, including wills, valuations and final accounts.

What Are the Most Common Types of Probate Fraud?

Fraud or dishonesty by an executor

Executor fraud happens when an executor dishonestly uses control of estate funds or property for an improper purpose. Examples include transferring funds to a personal bank account, taking estate belongings, hiding money, inventing a false debt, making unexplained bank transfers or failing to account for money received.

A personal representative may also misuse access to bank accounts belonging to the deceased or sell land or valuables without accounting for the proceeds. Repeated unexplained transactions, missing estate funds or a refusal to provide accounts can indicate suspicious activity. Our guide to executor and trustee disputes explains the wider issues that can arise.

Depending on the facts, dishonest misuse of a position of trust may also amount to a criminal offence. Section 4 of the Fraud Act 2006 covers fraud by abuse of position where a person expected to safeguard another person's financial interests dishonestly abuses that position intending to make a gain or cause loss.

Concealing or removing estate assets

Probate fraud may involve deliberately hiding savings, investments, valuables or other estate assets so they are excluded from administration. Possible red flags include known estate items missing from accounts, unexplained changes in ownership, bank transfers without supporting records or valuable belongings being sold or removed without explanation.

Independent third party reviews, such as professional valuations or specialist financial analysis, may help establish what belonged to the estate and what happened to it.

Manipulating someone into changing their will

Dishonest interference with wills can happen before death. Fraudulent calumny involves false statements about a potential beneficiary intended to turn the person making the will against them.

This differs from undue influence. Undue influence involves coercion that overcomes a person's own wishes. Concerns may become more serious where someone becomes dependent on another person or begins to lose capacity, although lack of testamentary capacity and undue influence are separate legal issues.

Suspicious transactions under a lasting power of attorney can also become relevant after death. Attorney disputes are distinct from probate fraud, but records from the period before the person died, when decisions were being made by an attorney, may form part of the evidence. Fraudulent calumny, undue influence and other concerns about suspicious wills can provide grounds for contesting a will where the evidence supports a challenge.

Forged or fraudulent wills

A forged will is a document falsely presented as one of the deceased's valid wills. It may contain a forged signature, altered wording or fabricated provisions. Other fraudulent wills may be built around false information rather than a copied document. Fraudulent documents may also contain false witness details or changes made without the deceased's knowledge.

Possible indicators include a new will appearing unexpectedly, handwriting that looks different, unusual witness details or major unexplained changes from earlier wills. Wills that suddenly introduce new beneficiaries or make an unfamiliar person the sole beneficiary may justify closer examination.

A handwriting expert may be able to examine disputed signatures. Witness statements, original documents and earlier wills can also be important when questionable wills are investigated. If a forged will is proved not to be genuine, it cannot be used in executing the person’s estate. An earlier valid will may then determine who inherits. If the deceased died intestate and there are no valid wills, the intestacy rules will apply.

Fraud involving unclaimed estates

If someone has died intestate and no entitled beneficiary has been identified, the inheritance may appear on the government's Bona Vacantia unclaimed estates list. The published Bona Vacantia list allows people to check whether they have a legitimate entitlement.

A dishonest person may try to exploit unclaimed estates by pretending to be a relative, producing false documents or attempting to gain access without genuine entitlement. Effective fraud prevention requires unexpected approaches to be properly verified before providing identity documents, bank details, payment or authority to act.

What Are the Warning Signs of Probate Fraud?

No single warning sign proves probate fraud. Several suspicious circumstances together may, however, justify further checks.

Look for:

• A previously unknown will appearing after death.
• A new will making major unexplained changes from previous wills.
• New beneficiaries appearing without an obvious explanation.
• Close family members being removed unexpectedly from wills.
• A person becoming the sole beneficiary after taking a significant role in the deceased's affairs.
• Signatures, handwriting, dates or witness details that appear inconsistent.
• Missing investments, valuables or other estate assets.
• Unexplained withdrawals or bank transfers.
• A personal representative refusing to provide accounts or information about the estate.
• Debts being claimed without invoices, agreements or other supporting evidence.
• Someone trying to gain access to a home, valuables or bank accounts without clear authority.

Early detection matters because estate funds and belongings can be transferred or distributed as administration progresses, and will be harder to recover after this point. Preserve documents and records that appear inconsistent rather than relying on memory alone, but do not hesitate to act if estate assets are being distributed, even if you have not yet collected all of the evidence you think you need.

What Should You Do if You Suspect Probate Fraud?

If you suspect probate fraud, preserve the available evidence and establish which stage the probate process has reached. Keep copies of current and previous wills, correspondence, bank statements, accounts, property records and details of relevant witnesses.

If the concern relates to how wills were prepared, the solicitor's file may provide useful supporting evidence. In suitable contentious probate cases, a Larke v Nugus request can seek information about preparation and execution.

If probate has not yet been granted and there is a dispute about whether a will is legal, whether a will exists or who should apply, a caveat may stop the Probate Registry issuing the grant. GOV.UK explains how to challenge a probate application. A caveat must be entered before probate is granted, so there may be an urgent need for advice if an application is already underway.

Where concerns involve an executor, compare the known estate with the accounts provided. Look for withdrawals, transfers, disposals or claimed debts that lack a clear explanation.

If the evidence suggests criminal fraud, it can be reported to the police through Report Fraud. The Crown Prosecution Service makes prosecution decisions in cases referred to it by investigators. A criminal investigation is separate from any civil action involving wills or inheritance.

If you believe a solicitor has knowingly participated in dishonest conduct, the Solicitors Regulation Authority Code of Conduct states that solicitors must not mislead clients, the court or others, or allow themselves to be complicit in misleading conduct.

What Evidence Can Prove Probate Fraud?

Probate fraud cases depend on evidence. Suspicion may justify investigation, but a civil claim needs sufficient evidence to support the allegations made.

Relevant evidence may include:

• The original will and previous wills
• Witness statements from people who knew the deceased or saw relevant events take place
• The solicitor's file and attendance notes
• Bank statements and records relating to the deceased's finances
• Accounts and schedules showing the estate's money and property
• Emails, letters and messages
• Land ownership and transfer records
• Medical records where mental capacity is relevant
• Evidence from a handwriting expert where a forged will or signature is suspected
• Professional valuations or other independent third party reviews of disputed assets

Different forms of probate fraud require different evidence. Forged will cases may depend heavily on documents and witnesses, while executor fraud may turn on financial records showing what happened to estate funds.

A contentious probate solicitor can identify the evidence that matters and advise on steps to obtain further records.

What Happens if an Executor Commits Probate Fraud?

An executor who commits probate fraud may face consequences in the civil courts and, where the conduct is criminal, through the criminal justice system.

A beneficiary or other interested party may bring a civil claim seeking an account, recovery of estate assets, compensation for loss or removal and replacement of the executor. The court can consider the appropriate remedy based on the conduct and what has happened to the estate.

Criminal fraud is dealt with separately. The police may investigate and the Crown Prosecution Service may prosecute where the relevant tests are met. A criminal conviction is not required before someone takes advice about protecting an inheritance or pursuing a civil remedy through the court.

How Can a Probate Disputes Solicitor Help With Fraud?

JMW’s Private Wealth Disputes team advises on probate fraud, fraudulent wills, executor disputes and other contentious probate matters. We assess the evidence, apply the relevant legal principles and explain the practical options available.

Depending on the circumstances, we may:

• Review current and previous wills
• Investigate wills, transactions or missing estate funds
• Assess whether a forged will or other fraudulent activity may be involved
• Advise on a caveat before the Probate Registry issues a grant
• Obtain relevant documents, including a will file where appropriate
• Review evidence relating to undue influence, testamentary capacity or fraudulent calumny
• Challenge dishonest conduct by an executor
• Advise on a civil claim or other contentious probate proceedings
• Work with a handwriting expert, valuer or other specialist where expert evidence is needed

Our lawyers act for beneficiaries, executors and other interested parties. We focus on the evidence, what is at risk and the steps available to protect the inheritance.