“An exception to this was Princess Diana, whose final will and testament is in the public domain and viewable on CNN,” said Business Insider.
While the general rule is that wills in the UK are open to inspection by the public after being admitted to probate, the sole exception is if the court agrees that it would be “undesirable or otherwise inappropriate” to publish it, explained Stewarts. This is what happened in the case of Prince Philip.
In his ruling to seal Prince Philip’s will last year, McFarlane said the special procedure was needed “to enhance the protection afforded to the private lives of this unique group of individuals, in order to protect the dignity and standing of the public role of the sovereign and other close members of her family”.
Lawyers representing the Royal Family in past cases have argued the primary reason and purpose of sealing royal wills is the public interest in protecting the privacy and private affairs of the Royal Family and sovereign and, by extension, to protect the national interest.
The Royal Family has long been accused of sealing wills to conceal their financial manoeuvrings and information about private and publicly owned properties. Critics argue that as public figures who receive taxpayers’ money their wills, like those of ordinary citizens, should be open to public inspection.
In 2012, the Queen found herself at the “centre of a constitutional row with the revelation that a ‘plainly unlawful’ agreement was struck in an apparent attempt to protect the secrecy of Royal wills”, reported the Standard.
More recently, an investigation by The Guardian claimed that generations of the Royal Family had concealed details of assets worth more than £180m by securing a special carve-out from the law.
“The sealing of the wills has enabled the Windsors to avoid the public seeing what kinds of assets – such as property, jewels and cash – have been accumulated by members of the royal family and how these were then distributed to, for example, relatives, friends or staff,” said the paper.
The argument for using what the Daily Mail called “obscure legal procedure” to seal royal wills in the national interest came under further scrutiny after it was revealed that the convention “thought to be only used for senior members, is actually far more widespread and used for distant relatives”, added the paper.
“It does slightly make a mockery of the whole process that this should be for more senior royals,” said David McClure, a royal finance expert and author of the book The Queen’s True Worth.
Article source: https://www.theweek.co.uk/news/uk-news/957424/should-prince-philips-will-be-kept-secret