Welcome to the Autumn 2022 Edition of Viewpoint
As we look back over a summer with temperatures of the like we have never endured, ongoing strike action and a mounting cost of living crisis, it is fair to say things are feeling rather unsettled
As we batten down the hatches for a challenging Winter ahead I hope you all manage to chart these choppy waters as smoothly as possible.
There was an interesting decision of the Court of Appeal recently, which raises important questions about transparency in Wills, which is topical following the recent sad news about HM Queen Elizabeth II's passing and her husband's death the year before.
The old adage that you can’t take your secrets to the grave, it would seem, applies to the general public but not to members of the Royal Family.
Ordinarily, a Will is a private document until a Grant of Probate is issued to the named executor(s). At that point the Will becomes a public document which many people don’t realise.
However, last year HRH Prince Philip’s executor applied to the court using a little used legal provision which allows the contents of a Will to remain private if, in the opinion of the court, public inspection would be “undesirable or otherwise inappropriate”.
Following a challenge by the Guardian, the Court of Appeal upheld a decision of the lower court, deciding that HRH Prince Philip’s Will shall remain sealed privately for 90 years. It remains to be seen if HM Queen Elizabeth II's Will is to be kept secret too. We suspect it will.
We frequently advise on whether a Will should be disclosed to disappointed beneficiaries who may wish to mount a challenge, or for other reasons and the answer will depend on the individual facts.
We might be able to delay or successfully challenge a Will so that probate is granted of an earlier Will, but unlike the Will of HRH Prince Phillip, however, we cannot promise to keep it under wraps for the best part of a hundred years!
I hope you enjoy this edition.