7th August, 2025
When a person passes away, the focus should be on honouring their wishes. However, estate fraud can seriously threaten that outcome. Increasingly, cases in New South Wales show how vulnerable Wills and estate administration can be to deception and theft.
What Is Estate Fraud?
Estate fraud occurs when someone uses dishonest means to gain control of an estate’s assets. While it can take many forms, the goal is always the same- stealing from the rightful beneficiaries.
Common types of estate fraud include identity theft, forgery, fake claims, and financial exploitation. Unfortunately, these scams are becoming more sophisticated.
For example, a forged Will could be submitted to the court. Although verification exists, it may not detect all forgeries. Therefore, it is vital to remain vigilant throughout the probate process.
Why Estates Are Vulnerable
After a death, emotions run high and legal matters can be confusing. During this time, estates are especially vulnerable. Often, there is no immediate oversight. If the deceased had no close family, fraudulent activity can go unnoticed for weeks or months.
In many cases, Wills are stored at home. If not secured properly, they can be stolen and altered. That’s why storage in a solicitor’s safe custody facility is often a safer option.
How Fraud Happens in Practice
Estate fraud can be both simple and complex. Someone may pose as a beneficiary or creditor. They might produce fake documents claiming a share of the estate. Others may gain access to bank accounts through stolen IDs.
In one reported case, a person allegedly used stolen documents to create a fake Will. With it, they obtained a grant of probate and transferred assets to themselves—worth over $4.5 million. As alarming as that sounds, it highlights why all executors must take fraud prevention seriously. Read more of this incident here.
What Executors Can Do to Prevent Fraud
Executors play a key role in protecting an estate. To reduce fraud risks, they should:
- Confirm identities of all claimants.
- Secure estate documents in locked facilities.
- Keep accurate records of every transaction.
- Review claims carefully before making payments.
- Engage professional advisors to oversee complex tasks.
Additionally, regular searches of the NSW probate notice system can help detect unauthorised activity.
How Our Firm Can Help
At Castrikum Adams Legal, we specialise in protecting estates from fraud. Our experienced lawyers offer comprehensive support for executors and beneficiaries. We ensure your loved one’s wishes are honoured.
Contact us today to safeguard your estate and get peace of mind.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.