Due to an alarming increase in fraudulent claims the government has taken the decision to remove the Bona Vacantia list from public view. It is now more important than ever to make a Will to ensure that your estate passes to your intended beneficiaries (and not to organised criminals!)
On 7 July 2025, the list of intestate estates (where the deceased did not leave a valid Will) was taken down from public view. This was due to a BBC investigation which highlighted the increase in the number of these estates which were targeted by organised criminals claiming to have Wills benefiting them.
When an individual dies without leaving a valid Will (setting out to whom their estate should pass), they are deemed to have died intestate. The statutory rules of intestacy then set out who has the right to deal with the estate (the administrators) to whom the estate should pass in the absence of a Will.
Where there is no Will, a grant of letters of administration will be issued in place of a grant of probate and the estate is added to the Bona Vacantia list.
A bona vacantia estate is an estate where no living beneficiaries under the intestacy rules can be found (as the deceased had no living blood relatives) and instead the estate reverts to the Crown.
As there is no system by which Wills are registered in the UK (and it is possible to make your own Will at home), it is often the case that a Will might be discovered even after a grant has been issued and heir hunters will actively review the Bona Vacantia list to try and trace claimants.
As a public document, the Bona Vacantia list can be reviewed by anyone and unfortunately as shown by the BBC investigation it has increasingly been the subject of fraudulent claims by criminals posing as ‘dear friends’ of the deceased.
The criminals will review the list and take note of estates which have not been claimed. The criminals will then produce a fake Will which names them both as executor (with the right to deal with the estate) and beneficiary (entitled to receive the estate).
Even if it is possible for the administrators to produce strong evidence that the Will is indeed fake, the administrators will still have to fight the fake executor in the civil courts which not only will cost the estate a good amount in fees and expenses but will delay the distribution of the estate until the matter is resolved.
Very simply by making a Will.
Having a Will in place when you die which appoints executors (whom you know and trust) and setting out clearly how your estate should be distributed means that it would never be published on the Bona Vacantia list and could not be exposed to such criminal activity.
Making a Will can be daunting but it means that you will decide how your estate is dealt with and not have this dictated by the government or controlled by nefarious individuals!
To book an appointment or to discuss further please contact Lucy Wright on 01732 375340.
This article is for general information only and does not constitute legal or professional advice. Please note the law may have changed since this article was published.
We do not accept responsibility or liability for any actions taken based on the information in this article.
