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Probate, princes & privilege

21 January 2022 / Michael L Nash
Issue: 7963 / Categories: Features , Constitutional law
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Michael L Nash explores the secretive history surrounding the sealing of royal wills

The need—or the desire—for privacy has always been an element of the actions of those in high places.

The presence of privilege also has been accepted in any hierarchical society, which most societies are. Parliament in the UK, for example, is no stranger to privileges, nor any of the other components of the establishment.

The point is this: people have become much more aware of their rights, or what they perceive as their rights. One of these is that everyone is equal and has the same rights. So, when it is known that for most people their wills fall into the public domain, and can be read by everyone, there is disquiet and questions when a few wills are sealed and kept from general view.

It is equally arguable, as was done in the recent case concerning the will of the late Prince Philip, that everyone’s wills should be sealed and kept out of the public domain. Counsel for the applicants in Re The Will of His Late

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