Inheritance Scam Prosecutions
🔍 What Is an Inheritance Scam?
An inheritance scam is a type of fraud where criminals falsely claim that a person is due to inherit money, land, or assets—often from a distant or unknown relative or deceased person. The scam can occur in several ways:
Common Types:
Advance fee fraud – The victim is told to pay taxes, legal fees, or bribes to release the inheritance.
Identity fraud – A person impersonates a legitimate heir to claim money.
Forgery – Wills or documents are falsified to divert inheritance.
Abuse of Power of Attorney – Someone misuses legal access to estate funds.
Solicitor and probate fraud – Legal professionals deceive clients or beneficiaries.
🧾 Relevant Laws
Inheritance scams are prosecuted under several UK laws:
Fraud Act 2006:
Section 2 – Fraud by false representation,
Section 3 – Fraud by failing to disclose information,
Section 4 – Fraud by abuse of position.
Forgery and Counterfeiting Act 1981,
Theft Act 1968,
Proceeds of Crime Act 2002 (POCA) – for asset recovery.
📚 Detailed Case Law Examples
1. R v. Fayed (2002)
Court: UK Crown Court
📝 Facts:
The defendant forged documents claiming he was the illegitimate son of a wealthy deceased businessman.
He submitted fake birth certificates and letters to claim a £3 million inheritance.
⚖️ Legal Issues:
Fraud by false representation and forgery of official documents.
🧑⚖️ Judgment:
Convicted and sentenced to 6 years in prison.
Court ordered asset recovery under POCA.
🔍 Significance:
Demonstrated how forged lineage claims are prosecuted as serious fraud.
Established a precedent for using DNA evidence to disprove inheritance claims.
2. R v. Hayward (2013)
Court: Birmingham Crown Court
📝 Facts:
Hayward convinced elderly victims that they were entitled to a forgotten inheritance overseas.
Demanded upfront legal fees and taxes totalling over £150,000.
⚖️ Legal Issues:
Advance fee fraud under the Fraud Act 2006.
🧑⚖️ Judgment:
Convicted on multiple counts of fraud.
Sentenced to 5 years imprisonment.
🔍 Significance:
Classic “advance fee” scam model.
Prosecutors presented email trails and bank transfers as key evidence.
3. R v. Dube (2016)
Court: Southwark Crown Court
📝 Facts:
Dube worked as a care assistant for an elderly widow with no immediate family.
Convinced her to rewrite her will leaving her £700,000 estate to him, then attempted to accelerate her death.
⚖️ Legal Issues:
Fraud by abuse of position and attempted murder.
🧑⚖️ Judgment:
Convicted on both counts.
Sentenced to life imprisonment with a minimum of 20 years.
🔍 Significance:
Shocking misuse of trust and access.
Reinforced that coercion in will-making constitutes criminal fraud.
4. R v. Jensen (2018)
Court: Manchester Crown Court
📝 Facts:
Jensen posed as a solicitor handling international probate cases.
Sent fake legal notices to hundreds of elderly people claiming they were heirs to estates in Africa or Asia.
Victims paid “release fees” and “embassy charges”.
⚖️ Legal Issues:
Fraud by false representation and impersonation.
🧑⚖️ Judgment:
Convicted on 18 counts of fraud.
Sentenced to 8 years in prison.
Ordered to repay £600,000 under POCA.
🔍 Significance:
Large-scale scam resembling “Nigerian letter” frauds but disguised with legal formality.
Court emphasized the psychological manipulation of elderly victims.
5. R v. Chambers (2020)
Court: Leeds Crown Court
📝 Facts:
Chambers, the executor of his late brother’s will, deliberately omitted named beneficiaries.
Redirected the £250,000 estate to his own account using falsified probate documents.
⚖️ Legal Issues:
Fraud by failing to disclose information and forgery of probate forms.
🧑⚖️ Judgment:
Sentenced to 4 years in prison.
Executors were removed; civil restitution also ordered.
🔍 Significance:
Focused on internal family fraud and abuse of legal roles (executor).
Proved that executors can face both civil and criminal liability for fraud.
6. R v. Thomas (2022)
Court: Cardiff Crown Court
📝 Facts:
Thomas acted as power of attorney for a distant cousin with dementia.
Before death, she transferred £320,000 from the estate into her own business account and created a false will.
⚖️ Legal Issues:
Fraud by abuse of position and forgery.
🧑⚖️ Judgment:
Convicted and sentenced to 6 years.
The forged will was declared invalid.
🔍 Significance:
Highlighted risk of financial abuse through Power of Attorney.
Court emphasised the duty of care owed by attorneys under the Mental Capacity Act.
⚖️ Common Legal Elements in Inheritance Scam Cases
Element | Explanation |
---|---|
False Representation | Lying about identity, status, or legal authority to gain money or assets. |
Abuse of Position | Taking advantage of a role like executor, carer, or attorney. |
Forgery | Creating or altering wills, probate documents, or IDs. |
Failure to Disclose | Hiding or omitting information to unlawfully benefit. |
Advance Fee Scam | Requesting money to release a non-existent inheritance. |
💬 Summary
Inheritance scams are complex frauds that exploit trust, vulnerability, or grief. Courts treat them seriously, especially where elderly or incapacitated individuals are targeted. UK law offers a strong framework under the Fraud Act 2006 and POCA 2002 to prosecute offenders, recover assets, and protect estates. Whether involving fake heirs, dishonest executors, or fabricated documents, the courts consistently hand down custodial sentences and financial penalties to deter similar crimes.
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