Partner Article

Protecting inheritance and combating fraud: why it needs a balance between transparency and control

The recent decision to remove the Government Legal Department’s (GLD) Bona Vacantia list from the public domain, following a BBC investigation into fraudulent claims against unclaimed estates, marks an important moment for the probate sector.

As professional probate researchers, we support the removal of the list as a responsible and necessary step to reduce the risk of opportunistic fraud, and to safeguard both estates and the interests of genuine heirs. 

However, we believe this also presents an opportunity to explore safer, more robust alternatives that ensure estates are securely passed on to those entitled — without putting sensitive information at risk.

The probate system works best when there is a balance between transparency and control, and when all parties involved are committed to safeguarding estates. Professional probate genealogists have a unique role to play here. With decades of experience in tracing next of kin and verifying entitlement, we work alongside SRA-regulated solicitors and public authorities to ensure that estates are passed on appropriately, with due care and proper oversight. 

And this is the point; Our research can identify which estates are truly bona vacantia; and more importantly, help prevent estates from being wrongly claimed or left unclaimed altogether.

Fraudulent wills pose a real threat. But so too does the risk of genuine beneficiaries being shut out of the process. With appropriate safeguards in place, we can balance security with fairness; ensuring inheritance reaches the individuals for whom it was intended.

 

This was posted in Bdaily's Members' News section by David Stoch .