Legally Declared Dead: What the Ashimola Case Reveals About Probate Fraud

Imagine discovering that you have been legally declared dead, and that someone else has assumed control over your property and finances. This was the extraordinary reality for Ms June Ashimola, the subject of a recent High Court decision: Ashimola & Anor v Samuel & Anor [2025] EWHC 502 (Ch).

The case exposed a calculated and sophisticated fraud that manipulated the UK probate system, resulting in the unlawful transfer of Ms Ashimola’s £172,000 estate. For individuals with international connections or property overseas, this judgment serves as a stark warning about the system’s vulnerabilities and the importance of taking preventative legal measures.

What Happened?

Ms Ashimola, a British national residing in Nigeria, was falsely reported as deceased in a 2019 probate application. The claim was supported by forged Nigerian death and marriage certificates and asserted that she had died intestate and had been married to a man named Bakare Lasisi, who it later emerged, never existed.

Acting under a fabricated Power of Attorney from this fictional spouse, Ruth Samuel applied for a Grant of Letters of Administration. Despite the serious implications of the application, the Probate Registry issued the grant in 2022 without further scrutiny or verification.

Unbeknownst to Ms Ashimola, who was very much alive in Nigeria, her estate had effectively been taken over.

The truth came to light during legal proceedings when Ms Ashimola gave a live testimony, via video link. The judge confirmed her identity by comparing her live image with her Nigerian passport, issued well after her supposed death. The court concluded that the documents submitted in support of the probate application were fraudulent, revoked the Grant, and reaffirmed the fundamental legal principle that dishonesty cannot be tolerated in the administration of justice.

Legal and Practical Implications

The Ashimola case highlights the ease with which the probate system can be exploited when foreign documents are accepted without thorough verification. It highlights a broader risk for individuals whose assets or personal circumstances involve multiple jurisdictions. Probate fraud involving forged documents, particularly those originating from overseas, is difficult to detect and, once discovered, can be extremely costly to resolve.

Although the law provides mechanisms to address such fraud, including the revocation of Grants under Section 121 of the Senior Courts Act 1981, and prosecution under the Fraud Act 2006, these measures are inherently reactive. They can only be triggered after the deception has been uncovered. By that point, significant damage may already have been done; both financially and emotionally. In this case, the legal costs alone reportedly neared the total value of the estate, illustrating just how serious the consequences can be.

How to Protect Your Estate

Preventing probate fraud starts with proper planning. The following measures are essential:

1. Make a valid will: A professionally drafted and regularly updated will significantly reduces the risk of abuse under intestacy rules.
2. Appoint trusted executors: Choose people who understand your wishes and who will act swiftly if anything appears suspicious.
3. Secure your documents: Important legal and identity documents should be safely stored. If you live abroad, consider solicitor-managed document storage.
4. Communicate clearly: Ensure that trusted relatives or advisors know where your documents are kept and what your intentions are.

Looking Ahead

This case is likely to prompt calls for reform in how the Probate Registry handles applications involving foreign documents. We may see greater scrutiny, more robust verification processes, and the eventual introduction of digital identity checks or biometric systems.

In the meantime, the burden remains on individuals to ensure their affairs are in order. The Ashimola case is a powerful reminder of the real and growing threat of probate fraud. Without proactive planning, even the most responsible individuals can find themselves vulnerable.

If you have not reviewed your will or estate arrangements recently, especially if you own international assets, I strongly encourage you to contact us for tailored advice. To see how Jordans Solicitors can help you, call 0330 300 1103 or 01924 868933 or request a call-back.