Can I Use The Same Inheritance And Probate Rules As The Royals?

Wills Probate and inheritance rules

In her latest blog, Timms Leonnie Watson discusses “Can I Use The Same Inheritance And Probate Rules As The Royals?”

For over a century, the procedure following the death of a senior member of the Royal Family has been that an application is made to the Court asking for their Will to be sealed away from public view. This means that the Wills of senior members of the Royal Family are not open to public inspection. This remains the case following the passing of His Royal Highness Prince Philip.

It has recently been confirmed by the High Court that Prince Philip’s Will will remain secret and hidden from the public for 90 years from the Grant of Probate. In his ruling, the Judge confirmed this was to enhance the protection of private aspects of the lives of this limited group of individuals. As well as to protect the ‘dignity and standing’ of Queen Elizabeth II and her constitutional role.

The same principle applies in respect of the value of the estate of the Royal Family Member.

So, Do The Same Rules Apply For Regular Families?

In exceptional circumstances (where the disclosure of a Will is contrary to public interest, or for national security reasons) it is possible to seek an order from the Court for the Will to remain private and sealed up.

However, the general principle is that a Will is a private document unless and until a Grant of Probate is issued. Once a Grant of Probate has been issued, a Will becomes a public document, and anyone can apply to have a copy.

Before a Grant of Probate is granted, the only people who are entitled to see a Will are the executors appointed in the Will. Therefore, if you are not an executor, or the solicitor of the person who has died, or the persons bank (if the bank has the Will) you will not be allowed to see it unless the executors agree to you having sight of the document.

How Can I keep My Will As ‘Confidential’ As Possible?

If you are wanting to keep some things private, dependent on your particular circumstances/your instructions, you may wish to, or may be advised to prepare a Will which discloses limited information. This is on the basis that you leave all or part of your estate to the trustees to be held in accordance with a letter of wishes.

Although a letter of wishes is not legally binding on your trustees. It is a confidential document and is only for the eyes of your chosen trustees, therefore, serving as an additional layer of privacy.

If you would like to make a Will then please contact me, Leonnie Watson, at l.watson@timms-law.com or on 01332 364436. Alternatively visit the Wills and Probate section of our website.

 

Leonnie Watson

September 2021

 

Blog by Area of Expertise