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Missing wills, fraudsters & the intestate

06 October 2021
Issue: 7951 / Categories: Legal News , Profession , Wills & Probate
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Wills are being left undiscovered and individuals wrongly deemed to have died intestate due to cuts in will searches by Bona Vacantia, a leading probate researcher has warned

Danny Curran, founder of Finders International and chair, the International Association of Professional Probate Researchers (IAPPR) said bereaved families have been losing out on millions of pounds since the Bona Vacantia division of The Crown scrapped funding for searches where no next of kin is known.

He said the cut, which happened about five years ago, has never been publicly announced. However, he said his firm has acted in the past quarter on a record number of cases worth more than £10m, where potential beneficiaries believe a will exists. At the same time, Bona Vacantia is advertising about 40 unclaimed estates per week, without checking to see if a will exists first. Curran has also noticed a rise in wills appearing long after estates have seemingly been tied up.

He said potential beneficiaries were missing out, the deceased’s wishes were not being applied and there was a risk scam artists may be trying to fraudulently seize assets.

‘Valid wills do exist for, on average, one in every five cases currently being advertised as intestacies by the government,’ he said. 

‘The solution to this escalating problem is simple: If the Bona Vacantia division reverted to an inexpensive will search prior to advertising estates they would find many estates do indeed have valid wills and need not be advertised.’

Curran said: ‘It’s the overall waste of time of all parties involved from solicitors hired by councils to wind up estates, to heir hunters and ultimately let-down individuals or nominated beneficiaries which is the issue.’ He suggested all individuals, especially those without next of kin, be informed of the option to file their will with the Central Probate Registry, which would securely hold a will.

Issue: 7951 / Categories: Legal News , Profession , Wills & Probate
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