Even more reason to make a will!

As a lawyer who advises on wills and estate planning, I am always telling people how important it is to put a will in place and how your will is the most important document you will ever sign.  I explain that if you do not put a will in place then the government decides how your estate will pass using what are known as the intestacy rules.

This piques the interest of some people as they want to decide who receives their estate when they pass away but others, often those with no close family members, find they do not really care what happens to their estate.

However, most would not like to see their assets end up in the hands of criminals as happened in the cases set out this BBC article.

If you do not make a will, it is up to your close relatives who benefit under the intestacy rules to claim your estate and apply for probate.

If no one claims the estate and/or applies for probate within a certain period of time, the estate will be added to the official government register of unclaimed estates in England and Wales which is called Bona Vacantia (Latin for vacant goods).  Up until 7^th July 2025 the register was freely available online and contained about 6,000 names.

The purpose of the register is to make family members aware of the death and the estate and to give them the opportunity to come forward and claim what they are entitled to.  However, it is now being used for a more sinister purpose with criminals looking to see which estates have not been claimed and then preparing fake wills to benefit themselves.  It is often very difficult and costly to challenge these fake wills as the people who are entitled to the estate generally do not have a close relationship to the deceased and court action is required.

Following the BBC investigation into these fake wills, it is no longer possible to see the list on the government website and the Ministry of Justice cannot confirm when it will be available again.

The best to way to protect your estate and ensure it passes to your chosen beneficiaries is still to make a will.  Your will appoints someone (your executor) to deal with your estate when you pass away which ensures it does not end up on the Bona Vacantia list.  This can be a professional such as solicitor if you do not wish to burden and friend or family member.

A will also allows you to decide who should receive your assets when you are gone.  If you have no close family or do not wish to benefit family members, you can leave gifts to friends, godchildren, people who have helped you during your life and/or any charities you support.  These groups of people only benefit if you have a will as the intestacy rules only cover blood relations whom you may not want to inherit your estate.

If this is a concern and you wish to consider putting a will in place please get in touch.