Wills and Probate: Common Pitfalls Families Shouldn’t Ignore

When a loved one dies, families expect their final wishes to be honoured. But the probate process -handling someone’s estate after death – can be fraught with hidden risks. From fraud and delays to disputes and legal missteps, even simple estates can become complicated quickly.

The Rise of Probate Fraud

A recent BBC investigation revealed how serious these risks can be. It exposed claims that criminal gangs have exploited weaknesses in the probate system to produce false wills, claim estates belonging to strangers, and steal millions of pounds.

In response, the government has taken the Bona Vacantia list offline – a publicly available register of estates with no known heirs.

What is Bona Vacantia?

The term bona vacantia means “ownerless goods.” In practice, it refers to the estates of people who die without a will or surviving relatives. These estates are often claimed by the Crown, but fraudsters have used the published list as a starting point to forge documents and submit fake probate claims.

In one case, a man submitted a will naming himself sole heir to an estate with which he had no known connection. Despite glaring irregularities – like a fictional address and misspelled location – officials told the real relatives they’d need to bring a civil case to challenge it.

While these more elaborate scams make headlines, most problems encountered by families are more mundane but no less damaging.

Common Probate Pitfalls Families Face

Undue Influence and Last-Minute Wills

One of the most frequent causes of family disputes is a sudden change to a will, often made shortly before death. A vulnerable person may be persuaded – sometimes subtly, sometimes not – to rewrite their will in favour of a particular relative, friend, or carer.

These changes are often hard to challenge, even when suspicions are well-founded, and can leave long-standing family members unexpectedly excluded.

Missing or Outdated Wills

If no valid will can be found, the estate is distributed under the rules of intestacy, which follow a strict legal hierarchy. Unmarried partners and stepchildren are not included.

Problems also arise when an old will fails to reflect changes in family structure, such as remarriage or estrangement, or when multiple versions exist and it’s unclear which one is valid.

Inheritance Disputes Between Relatives

Even with a clear will, disputes can arise over sentimental items, unequal shares, or concerns about how the estate is being handled by the executor.

These disagreements can escalate quickly, especially if one person feels excluded or mistrusts how another is managing the estate. In some cases, executors misuse funds or delay the process unnecessarily.

Executor Misconduct or Negligence

Appointing the wrong person as executor can cause years of stress. Common problems include failing to communicate with beneficiaries, mishandling money, or taking unreasonable fees.

Executors also carry legal responsibilities, and mistakes – whether deliberate or not – can cause losses that are difficult to recover.

Heir Hunter Pressure

In intestacy cases, families are sometimes contacted by ‘heir-finding’ firms offering to help secure an inheritance. While many are legitimate, some charge excessive fees or pressure relatives into signing away a large share of the estate.

In rare cases, they may attempt to block access to official documents until fees are agreed.

What Families Can Do

Grieving families are often unsure when to seek legal advice but waiting too long can make matters worse. If there are any signs of inappropriate behaviour, such as a new will that seems out of character, secrecy around estate documents, or unexpected beneficiaries, it’s important to speak to a wills and probate solicitor straight away.

Even a brief consultation can help determine whether there are genuine concerns – and whether action needs to be taken before the estate is distributed or lost entirely.

In a system that’s increasingly digital and, in some cases, open to abuse, vigilance has never been more important.

Please contact us if you have any concerns or would like more information about matters relating to wills and probate.