Why are the British royal family’s wills kept secret? Prince Philip’s is locked in a strongbox – along with the queen mother’s, Princess Margaret’s and 30 more sealed final testaments
Prince Philip’s will is locked away in the same box as the final wishes of over 30 dead senior royals, whose names – including former King Edward VIII – have been published in a new document from the British High Court.
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“I am now custodian of a safe in which there are over 30 envelopes, each of which purports to contain the sealed will of a deceased member of the royal family,” McFarlane said in the original hearing for the judgment to seal Philip’s will on September 16.
In the document released Wednesday, November 24, the court identified the full list of royals whose wills make up the contents of the box. The oldest is that of Prince Francis of Teck, the brother-in-law of King George V and grandfather of Queen Elizabeth, according to a 2007 report from The Guardian.
The sealing of the Duke of Edinburgh’s will has become a controversial subject, leading to a legal challenge from British newspaper The Guardian, the publication reported on November 18.
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During the September hearing, McFarlane ruled Philip’s will would be sealed for an initial period of 90 years, which was considered “proportionate and sufficient”. Only a lawyer representing Philip’s estate, the queen’s private solicitors, the attorney general (AG), and the government’s chief adviser were present for the ruling, according to court documents.
The media were not informed when or where it was taking place because the public interest was said to be represented by the attendance of the AG, the publication added.
A spokesperson for The Guardian said that the High Court’s decision to “ban media organisations from the court hearing on the Duke of Edinburgh’s will – without informing the press or allowing them to make representations – is a clear threat to the principles of open justice”.
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“It is also concerning that the court appears to believe that only the attorney general can speak to the public interest,” the spokesperson added. “We are seeking permission to argue that the behaviour of the High Court in this instance constitutes a failure of open justice and that the case should be reheard.”
Despite British law deeming that a person’s will becomes a public document if it is prepared before their death, McFarlane ruled that royal wills should be treated with greater privacy “to protect the dignity and standing of the public role of the sovereign and other close members of her family”.
According to the judgment, it has become convention over the course of a century for an application to be made to the president of the family division on behalf of senior royals to have their will sealed. An exception to this was Princess Diana, whose final will and testament is in the public domain and viewable on CNN.
Representatives for Buckingham Palace did not immediately respond to request for comment.
- The British High Court just revealed a list of senior royals whose wills are safeguarded by Judge Andrew McFarlane, including Queen Elizabeth’s late husband
- Princess Diana’s will is viewable on CNN and British law stipulates that most wills are made public, but the royal family’s are sealed for additional privacy