Government Legal Department forced to take down Unclaimed Estates list over fears of fraud

The 'Bona Vacantia' or Unclaimed Estates list is a government-published spreadsheet that details all individuals who’ve died in the last 30 years without a will or any known living relatives.

The list allows distant relatives of a deceased to identify whether or not an estate has been claimed, and if not, it provides enough information to make a claim themselves.

However, in a recent BBC article, it was uncovered that fraudsters have been exploiting this list to forge fake wills and claim entire estates for themselves.

This appears to be a unfortunate side effect of a more efficient, digitised probate system, where there are few identity checks on applicants. Without proper safeguards, the system’s trust-based nature is currently easy to abuse for financial gain.

Shortly after the article was published, the Bona Vacantia list was temporarily removed in 7th July, with no update as to when it may return. Many legal practitioners are welcoming of the removal, including former MP Sir Bob Neill, but the removal of the list has also significantly damaged the business of legitimate 'heir hunting' companies, that use the Bona Vacantia list as a starting point for finding the rightful heir for unclaimed estates.

Overall, we are supportive of the temporary suspension of the Bona Vacantia list, and while many of our clients have benefited from the increased speed of online Probate applications, we would encourage the introduction of further safeguards around Bona Vacantia estates before the list is reinstated.