Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps she is taking to help prevent inheritance fraud.

The legal framework in England and Wales provides a wide range of measures to help protect the public from inheritance fraud, with longstanding legal requirements to be satisfied before a will is executed so it is valid in law. There are a range of legal tests to be satisfied in areas such as the capacity of a person to make a will.

When wills are submitted for proof as part of the process of applying for grants of probate (to administer the deceased person’s estate) a number of checks are undertaken. In the light of recent allegations of fraudulent activity in respect of some probate applications the Government is reviewing the preventative steps taken, involving all relevant departments and agencies.

The law also provides the means for challenges to be made against the validity of a will by interested parties, including on the grounds of forgery, fraud, undue influence and testamentary capacity.

The Government is currently considering reforms to the law of wills recommended by the Law Commission and a number of these proposals relate to measures to improve safeguards and protections to testators and beneficiaries.