The Grave Robbers: How Fraudsters Are Stealing Homes from the Deceased – A Conveyancer’s Perspective

As a conveyancer, I have seen my fair share of unusual property transactions, but the revelations from BBC Radio 4’s podcast Shadow World: The Grave Robbers are both shocking and deeply concerning. The series exposes how criminal gangs are exploiting the vulnerabilities of the probate system to steal homes from people who die intestate (without a will) or even with fraudulent wills.

This is not just a story of theft, it’s a wake-up call for everyone involved in property transactions, especially conveyancers like myself.

In this blog, I will outline the red flags conveyancers should watch for when dealing with property sales by executors, and the steps we can take to identify and stop fraudsters in their tracks.

The Red Flags: Spotting Fraudulent Executors

When a property is being sold by an executor, it’s crucial to remain vigilant. Here are some warning signs that should raise suspicion:

1. Unfamiliar Executors or Beneficiaries
   If the executor or beneficiary is someone who appears to have no clear connection to the deceased, this should be a red flag. For example, in the case of Christine Harverson, a Hungarian man named Tamas Szvercsok claimed to be her “dear friend” and sole beneficiary, despite her neighbours and family having no knowledge of him.

2. Inconsistencies in Documentation
   Fraudulent wills often contain errors or inconsistencies. In Christine’s case, her home address was misspelled, and the executor’s address was listed as a block of flats that did not exist at the time the will was supposedly written. These are glaring signs of forgery.

3. Unusual Behavior from the Executor
   Fraudsters often avoid direct communication or provide vague, evasive answers when questioned. If an executor is reluctant to provide additional documentation or refuses to engage with the conveyancer, it’s worth digging deeper.

4. Rushed Transactions
   Fraudsters often try to sell properties quickly to avoid detection. If the executor is pushing for an unusually fast sale, this could indicate fraudulent activity.

5. Inheritance Tax Declarations
   Most of these frauds involve the fraudster certifying that no inheritance tax is payable on the estate. This is a critical area to scrutinise. Always check with the executor whether inheritance tax has been assessed and paid. Remember, unpaid tax constitutes money laundering, and failing to verify this could have serious legal implications.

6. Lack of Familiarity with the Deceased’s Estate
   Genuine executors are usually well-informed about the deceased’s assets and circumstances. If the executor seems unaware of key details or provides conflicting information, this should raise concerns.

Steps to Identify and Prevent Fraud

As conveyancers, we play a critical role in safeguarding the integrity of property transactions. Here’s how we can help identify and prevent fraud:

1. Verify the Executor’s Identity
   Always conduct thorough identity checks on the executor. Request original identification documents and cross-check them with official records. If the executor is based overseas, consider using a trusted third-party verification service.

2. Scrutinise the Will
   If a will is presented, examine it carefully for inconsistencies. Check the dates, addresses, and signatures. If anything seems off, consult a handwriting expert or forensic document examiner.

3. Request Probate Documentation
   Ensure the executor has obtained a Grant of Probate or Letters of Administration. Verify the authenticity of these documents with the probate registry.

4. Confirm Inheritance Tax Compliance
   Ask the executor for evidence that inheritance tax has been assessed and paid, if applicable. This could include HMRC receipts or correspondence. Fraudsters often falsely certify that no tax is due, so this step is essential to prevent money laundering and ensure compliance.

5. Engage with the Deceased’s Family or Neighbours
   If possible, speak to the deceased’s family, friends, or neighbours to confirm the executor’s relationship with the deceased. This can help uncover any discrepancies in the executor’s claims.

6. Conduct Land Registry Checks
   Check the property’s title at the Land Registry to ensure there are no unusual changes or restrictions. Look for recent amendments that could indicate fraudulent activity.

7. Report Suspicious Activity
   If you suspect fraud, report it to the police, the probate registry, and the Solicitors Regulation Authority (SRA). While the system may have its flaws, raising the alarm can help prevent further damage.  Also consider the submission of a SAR to the NCA

Protecting Yourself and Your Loved Ones

While conveyancers can help identify fraud during property transactions, prevention starts with individuals taking steps to protect their assets. Here is what you can do:

• Write a Will: Ensure your wishes are clearly documented to avoid disputes or exploitation.
• Store Your Will Safely: Leave your will with a solicitor or register it with the National Will Register.
• Inform Your Family: Let your loved ones know where your will is stored and who to contact in the event of your passing.
• Stay Vigilant: Regularly review your will and property records to ensure everything is in order.

A Broken System in Need of Repair

The Shadow World: The Grave Robbers podcast highlights the systemic flaws that allow these crimes to occur. While the government has taken steps to address the issues, such as removing the Bona Vacantia website that listed unclaimed estates, there is still much work to be done. In the meantime, it’s up to conveyancers, solicitors, and individuals to remain vigilant and take proactive measures to protect against fraud.

As Sue Mitchell aptly puts it, “We have this saying in the UK, safe as houses… once you have a house, no one can steal it from you.” Unfortunately, as this podcast reveals, that’s no longer the case. But with awareness, diligence, and action, we can help ensure that homes and inheritances remain in the hands of their rightful owners.