Will Fraud

Hi. Hope someone can throw some light on this one.
My neighbour has very recently died. No close family but a few friends who he had told of his intentions to include them in his will when he died. A woman suddenly appeared on the scene. Treated him appallingly, alienated him from these friends and when he died, did not tell anybody.

She will not give any information (no known solicitor), only saying she was made sole executor and beneficiary and it is nobody else's busines. No will has been found to be registered by his friends.

Is fraud on this scale really that easy? I have discovered a distant family member who is now in the process of placing a caveat on the probate.

Many thanks for any comments.
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Comments

  • elsien
    elsien Posts: 32,662 Forumite
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    How do you know it's fraud?
    Perhaps there is a perfectly valid will - they do not need to be registered, mine isn't. There is also no obligation for the executor to show the will to anyone while dealing with it.
    If his friends were out of his life before he died, it's no great surprise that they are no longer in the will if they were ever in it in the first place. People do make promises which aren't always kept when it comes down to it. Unless you suspect coercion or lack of capacity, the only thing you really have have to go on is unsubstantiated allegations from people who may be disgruntled because the money is no longer coming their way.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Darcie
    Darcie Posts: 15 Forumite
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    Thank you for your reply. Yes - definitely fraud. I am just astounded that somebody can carry out such fraud with ease, especially as by naming themselves as executor can basically shut and lock any doors behind them to stop anybody else gaining any proof of such fraud.

    How can anybody question her motives if they are unable to see the paperwork to prove she is Executor? If he didn't have a solicitor would her solicitor have a duty to check the validity of the Will?

    All very interesting and quite alarming!
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Darcie wrote: »
    Thank you for your reply. Yes - definitely fraud. I am just astounded that somebody can carry out such fraud with ease, especially as by naming themselves as executor can basically shut and lock any doors behind them to stop anybody else gaining any proof of such fraud.

    How can anybody question her motives if they are unable to see the paperwork to prove she is Executor? If he didn't have a solicitor would her solicitor have a duty to check the validity of the Will?

    All very interesting and quite alarming!
    Somebody can’t just name themselves as executor . The will specifies the executor. What evidence do you have to support your allegations?
  • Boleyn19
    Boleyn19 Posts: 100 Forumite
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    To access bank accounts or sell the house the will will need to be seen which will name the executor and beneficiaries.
  • Savvy_Sue
    Savvy_Sue Posts: 46,014 Forumite
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    Boleyn19 wrote: »
    To access bank accounts or sell the house the will will need to be seen which will name the executor and beneficiaries.
    Yes, the will needs to be seen, but only by those who have a right to do so. That includes the executor and any institutions from which they are extracting funds. Does not include people who thought they were beneficiaries.

    However, if probate is applied for (which isn't always necessary) then the will becomes a matter of public record.
    Signature removed for peace of mind
  • MoneySeeker1
    MoneySeeker1 Posts: 1,229 Forumite
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    As I understand it the situation is anyone (even a total stranger) can see someone's Will.

    Wills can be bought from the Probate Office if the Executor does not provide a copy.
    https://www.gov.uk/search-will-probate.

    Another thought is to put the property on the "Property Alert service" run by the Land Registry. It's free and up to 10 properties can be placed on the notification list. This would be subject to the house having been sold recently enough that it is Registered. It doesn't seem to be possible to find an unRegistered house on this. That way you will know if someone is trying to sell it.
  • Marcon
    Marcon Posts: 10,570 Forumite
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    Darcie wrote: »
    Thank you for your reply. Yes - definitely fraud. I am just astounded that somebody can carry out such fraud with ease, especially as by naming themselves as executor can basically shut and lock any doors behind them to stop anybody else gaining any proof of such fraud.

    How can anybody question her motives if they are unable to see the paperwork to prove she is Executor? If he didn't have a solicitor would her solicitor have a duty to check the validity of the Will?

    All very interesting and quite alarming!

    ....and all highly speculative. You say confidently that this is 'definitely fraud' but where's your evidence?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Darcie wrote: »
    My neighbour has very recently died. No close family but a few friends who he had told of his intentions to include them in his will when he died. A woman suddenly appeared on the scene. Treated him appallingly, alienated him from these friends and when he died, did not tell anybody.

    This is the point that people should have acted.

    It's probably too late now - how would you be able to prove that she had forced him to make a new will in her favour?
  • Sea_Shell
    Sea_Shell Posts: 9,338 Forumite
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    Are you meaning that you suspect the new "executor" coerced the testator somehow to re-write their will recently in their favour?
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.31% of current retirement "pot" (as at end March 2024)
  • Darcie
    Darcie Posts: 15 Forumite
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    Thank you each and all for your replies - very interesting and valid points.

    Yes Sea Shell - that is exactly it! His friends are all older and some have died so they probably didn't know who the real Executor should be. It just seems so easy to commit this fraud and get away with it because no one is entitled to question her motives.

    Mojisola - you are right. More should have been done earlier. People did try to help though.
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