Receiving an Unexplained Wealth Order (UWO) can be unexpected and extremely worrying. These orders allow enforcement agencies to investigate the source of assets they believe may have been obtained through unlawful conduct, even where no criminal charges have been brought.

What Is an Unexplained Wealth Order?

An Unexplained Wealth Order is a civil order made by the High Court under the Proceeds of Crime Act 2002 (POCA).

It requires an individual, company or trust to explain how certain assets were paid for. The Order can be made where there are reasonable grounds to suspect that their legitimate income would not have been enough to pay for them.

Unlike many other legal proceedings, the burden is on the recipient of the Order to provide evidence showing that the assets were obtained lawfully.

When Can a UWO Be Made?

Before granting an Unexplained Wealth Order, the court must be satisfied that certain legal requirements have been met.

In broad terms, this includes situations where:

  • The property is worth more than £50,000.
  • There are reasonable grounds to suspect that legitimate income would not have been sufficient to acquire it.
  • The individual is a politically exposed person (PEP) – someone who holds or has held a prominent public position, is suspected of involvement in serious crime, or is connected to someone who is.

If a UWO is granted, you will normally be required to explain how the asset was acquired and provide supporting evidence, such as bank statements, contracts or tax records.

Interim Freezing Orders

An Unexplained Wealth Order is often accompanied by an Interim Freezing Order, which prevents you from selling, transferring or otherwise dealing with the assets while the investigation is ongoing.

This can have an immediate impact on your finances or business, particularly if property or other important assets are affected.

Because these orders are often made without notice, many people only become aware of them after they have already been granted.

What Happens if You Do Not Respond?

It is important to respond to an Unexplained Wealth Order fully and within the deadline set by the court.

If you fail to respond, or your explanation is not accepted, the enforcement agency may begin civil recovery proceedings to recover the property under POCA.

Responding effectively usually requires detailed financial evidence and a clear explanation of how the assets were acquired.

How We Can Help

Every Unexplained Wealth Order is different. Some involve straightforward financial records, while others require evidence gathered over many years or from overseas transactions.

Our experienced POCA team will explain the process clearly, help you prepare the necessary evidence and represent you throughout the proceedings. Where appropriate, we work with specialist barristers, forensic accountants and other experts to build the strongest possible case.

Funding Your Case

Legal aid is generally not available for Unexplained Wealth Order proceedings, meaning legal representation is usually funded privately.

We will explain the process from the outset, discuss the likely costs involved and provide practical advice tailored to your circumstances.

Contact Our POCA Team

If you have received an Unexplained Wealth Order or believe one may be sought against you, contact Ison Harrison Solicitors today.

Our specialist POCA team will explain your options, provide clear, practical advice and represent you throughout the process, helping you protect your interests and achieve the best possible outcome.

You can call us on 0113 224 7825 or email poca@isonharrison.co.uk for a no obligation consultation.