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06 October 2021
Issue: 7951 / Categories: Legal News , Profession , Wills & Probate
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Missing wills, fraudsters & the intestate

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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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