subject: Problems With Probate [print this page] Probate is an extremely important legal process and you want to be safe in the knowledge it will be dealt with properly.
Probate is particularly susceptible to fraud, obviously this is a worst case scenario but to prevent your loved ones being conned out of the inheritance they deserve there are some very simple criteria you would be well advised to follow.
An incredibly high profile case of probate fraud is that of Doctor Harold Shipman. Harold Shipman was a British doctor, one of the most prolific serial killers of our time, whom was brought to justice due to a forged will. His final victim's daughter became suspicious of her mother's will as her mother had appeared to leave her entire estate to the Doctor Shipman. This is an extreme scenario, both in terms of the circumstances the fraud occurred under but also in the extent of the fraud itself. However probate fraud is a prolific problem and it has been rising since the early 2000s. In a 2004 article published in the Observer, Tim Stone of the Royal National Institute for the Blind and the Society of Trust and Estate Practitioners estimated the figure of probate fraud to be in the region of 100-150 million per year. Large UK charities were the first to notice the rise in probate fraud due to large amounts, in many case most, of their funding coming from money left to their causes in wills. 2-3% of inherited wealth is left to charitable causes in the UK per year.
There are cases of carers of the elderly adapting wills, unrelated people, such as Shipman, committing fraud, even the solicitors employed to execute the wills tweaking the will to their own gains. So how can you avoid this awful situation?
1. Firstly (and quite obviously) it is imperative that you have a will. Not having a will means that there is no legally binding document detailing who should receive what from your estate. Even if this does not result in fraud, it can result in arguments, legal battles and custody disputes.
2. Make sure you sign your will and get this signing witnessed. There are guidelines and legalities surrounding the signing of wills and you must follow this to make sure your witnesses are valid. Also if your will is not signed, it will be worthless, however detailed it is.
3. Keep your will in a safe location. Do not, I repeat do not, put it in a bank deposit box. Banks will not release the contents of the deposit box until after probate has been applied for and this will slow up the whole process considerably. Leave your will in a safe place that your executor is aware of, with your executor, or with a trustworthy third party.
4. Make sure you can trust your executor. Your executor will be dealing with distributing your assets to the relevant parties outlined in your will. This is a huge responsibility so choose your executor carefully. Also make sure your executor has agreed to the role.
