Prince Philip’s “Secret Will”: Update

Last month the Guardian appealed the decision that prevented the media from attending the court hearing where it was ordered that the late Prince Philip’s Will would be sealed and kept private for 90 years. They appealed the decision on the basis that preventing the media from attending the hearing was a serious interference with the principle of open justice. The appeal has now been dismissed by appellate court judges Sir Geoffrey Vos, Dame Victoria Sharp and Justice Eleanor King, who determined that, while the law applies equally to the Royal family, there were exceptional circumstances for the hearing to be held in private and that Sir Andrew McFarlane, president of the family division of the high court, was correct in excluding the media for fear of the risk posed by a media storm.

As discussed in our previous article, under the Non-Contentious Probate Rules 1987, a Will becomes publicly available when someone dies and a grant of probate is required to administer their estate. The judges concluded that the statutory test was properly applied in this case and that the Non-Contentious Probate Rules allow Wills and their values to be concealed from the public in some cases. It has been convention for the Will to be sealed after the death of a senior member of the Royal family for over a century now. The courts determined that the two critically important things to protect were the dignity and the private rights of the Sovereign and close members of her family. In addition the judges held that they were “not sure that there is a specific public interest in knowing how the assets of the Royal family are distributed”. They did, however, acknowledge that by only allowing the attorney general to represent the public interest, rather than allowing any representations from media organisations, may be a matter for legitimate public debate.

Where an individual wishes to maintain privacy regarding the distribution of their estate and destination of their assets on their death, as explained in our earlier article, there are steps that can be taken to achieve this using trusts and letters of wishes. Trusts are complex and require careful consideration regarding choice of executors and trustees, as well as taxation and reporting requirements that apply to them. If you are considering including a trust within your will, contact your usual Wealth Preservation team member for advice.

This update is for general purposes and guidance only and does not constitute legal or professional advice. You should seek legal advice before relying on its content. Greenwoods Legal LLP is a Limited Liability Partnership, registered in England, registered number OC306912. Our registered office is Queens House, 55-56 Lincoln’s Inn Fields, London, WC2A 3LJ. A list of the members’ names is available for inspection at our offices in Peterborough, Cambridge and London. Authorised and regulated by the Solicitors Regulation Authority, SRA number 401162. Details of the Solicitors’ Codes of Conduct can be found at www.sra.org.uk. All instructions accepted by Greenwoods Legal LLP are subject to our current Terms of Business. VAT Reg No: 161 9287 89.