Lawyer Monthly - November 2021 Edition

28 WWW.LAWYER-MONTHLY.COM | NOV 2021 WHY IS PRINCE PHILIP’S WILL GOING TO BE SEALED FOR 90 YEARS? In line with a century-old tradition, the will of the late Prince Philip, Duke of Edinburgh, executed on 5 June 2013, will be sealed up and remitted to the safe keeping of the President of the Family Division (currently Sir Andrew Macfarlane), as Head of Probate. This follows the application by the executor of Prince Philip’s will for an order that the will and probate documents should not be open to inspection. This custom of sealing royal wills was first instituted in 1910 when the will of Prince Francis of Teck, the brother of Queen Mary, was sealed up (allegedly because of concerns that it contained legacies that could embarrass the Royal Family). Other sealed wills residing in the safe of the President of the Family Division include those of Princess Margaret and the Queen Mother. However, in a departure from previous practice, Sir Andrew chose to make his judgment regarding the application – made by the executor of the Prince’s will and heard in private – a matter of public record, which is the first time this has ever been done. In another first, he also specified that the will must remain sealed for only 90 years, rather than indefinitely, as per the current arrangement. Sir Andrew’s decision to ‘go public’ was largely determined by a desire to give some legal and historical context behind the convention of sealed royal wills, as well as providing a template for future applications, not least to scotch speculation that sealing the will of a senior Royal was in any way extraordinary. As Sir Andrew outlined, the default position once a grant of probate is issued is that a will is open to public inspection on application to the Probate Registry. However, under the relevant legislation, if a judge considers that it is ‘undesirable or otherwise inappropriate’ for the will to be publicly inspected, this default position can be disapplied, as has been in the case with royal wills. The only member of the Royal Family whose will does not need to be proved by grant of probate is that of the Sovereign. There are currently over 30 envelopes containing the sealed will of a deceased Why is Prince Philip’s Will Going to Be Sealed for 90 Years? Mitra Mann Senior Associate, Wright Hassall Olympus Ave, Royal Leamington Spa, CV34 6BF Tel: 01926 880722 E: mitra.mann@wrighthassall.co.uk www.wrighthassall.co.uk The indefinite sealing of royal wills is a practice that dates back to the early 20th century. Below, we hear from Mitra Mann, senior associate at Wright Hassall, who explains the reasons for this tradition and why the will of the late Prince Philip is set to break from it. Mitra Mann is a senior associate in the contentious probate team at Wright Hassall. Her areas of expertise include advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975, challenging the validity of wills, removing and/or substituting executors as well as making applications in the Court of Protection on behalf of attorneys, deputies and family members of protected persons. Wright Hassall is a top-ranked regional law firm providing legal services including corporate law, commercial law, litigation and dispute resolution, employment law and property law. The firm also advises on contentious probate, business immigration, information governance, professional negligence and private client matters.