Executor of HRH Prince Philip, Duke of Edinburgh, decd v Attorney General

Subject Matter

PROBATE — Practice — Inspection of will — Executor of senior member of Royal Family applying for will to be sealed and direction that value of estate to be excluded from grant of probate — Whether public inspection of will “undesirable or otherwise inappropriate” — Guidance on procedure to be adopted — Senior Courts Act 1981, s 124 — Non-Contentious Probate Rules 1987, r 58

[2021] EWHC 77 (Fam); [2022] 3 All ER 187, Fam D

ADMINISTRATION OF ESTATES — Probate — Open justice — Application by executor to seal will of late member of Royal Family — Application heard in private with Attorney General representing public interest — Open judgment handed down with explanation of procedure and reasons for decision — Whether principle of open justice met — CPR r 39.2 — Non-Contentious Probate Rules 1987 (SI 1987/2024), r 58

[2022] EWCA Civ 1081; [2023] 1 WLR 1193; [2023] 2 All ER 551; [2022] WLR(D) 342, CA

Appellate History

Commentary

Transparency Project
Why can’t we read Prince Philip’s Will? Case comment

A Lawyer Writes
Do the royals deserve more privacy? Case comment

Guardian
Court of appeal to hear challenge over media ban from Prince Philip’s will court case News update

Transparency Project
Guardian loses appeal over “secret” hearing about Prince Philip’s will Case comment

Royal wills: unsealing the mystery Case comment