Who Cares About Prince Philip's Will?

No doubt the family members of Prince Philip care about his will. So do some fans of the British Royal Family. Many people don't care at all.

As for myself, I teach Wills, Trusts & Estates.I'm interested in seeing Prince Philip's will and possibly using it as a teaching tool. But can I? Nope. Nick Piška (Kent Law School) explains why (here).  Here are some excerpts from Professor Piška's helpful explanation:

Under the Senior Courts Act 1981 wills are normally open to inspection by the public. However public access to wills is subject to a rule that wills shall not be open to inspection where the court believes that it would be ‘undesirable or otherwise inappropriate’. This little used rule has been used to seal the wills of senior members of the royal family for over a century in accordance with a convention that was developed privately between the royals, their lawyers, the Attorney-General and the judiciary. The effect of a High Court decision last year concerning the sealing of Prince Philip’s will could have an impact on public access to wills beyond the royal family and provide a further means for the wealthy to hide their assets.

The High Court decision confirmed and clarified the convention that the wills of senior members of the royal family are sealed, initially for 90 years. It did so on the basis of two arguments: to protect the dignity of the sovereign, and to protect the privacy of the Her Majesty.

There are a number of problems with the High Court’s reasoning. ***

The origin and rationale of public access to wills is unclear, although we know that it has been a statutory right since 1857. Various rationales have been given, including informing beneficiaries of their rights and possible creditors of the estate. ***

In terms of making the case for a general public interest in wills, an important factor is being able to understand and have an open debate about wealth inequality. Perhaps the most concerning aspect of the sealing of Prince Philip’s will is that the convention has been extended to not even disclosing the value of the estate. Such information is crucial in understanding wealth inequality, and knowing the contents of wills further helps us explore patterns of distribution of wealth.

Read the full piece here.

image source: Wikimedia Commons