Lifestyle

Analysis: A court battle is raging over Prince Philip’s will


In September, Andrew McFarlane, chair of the Family Division of the Supreme Court, ruled that Philip’s will will be sealed for 90 years. Among the few present was an attorney representing the duke’s estate from law firm Farrer & Co, the Queen’s personal attorney, and the attorney general, the government’s chief legal counsel. The media were not notified of the hearing or allowed to attend, with the public interest represented by the attorney general.

A spokesperson for Guardian News & Media told CNN in an emailed statement that the Supreme Court’s decision barred the media from participating in the trial without informing the media or allowing them to represent them. is a clear threat to the principles of public justice.”

The spokesperson continued: “It also concerns the court’s belief that only the attorney general can foretell the public interest. “We are asking permission to argue that the conduct of the high court in this case constitutes a failure of public justice and that the case should be reheated.”

Under British law, if a person prepares a will before they die, it becomes a public document once probate is accepted and anyone can obtain a copy from the Authority. register for probate for a fee.

However, anyone can ask the court to “seal” a will and keep it private, according to Geoff Kertesz and Judith Swinhoe-Standen from the British law firm Stewarts. “The court must be convinced that making the will public is ‘unwanted or inappropriate’,” they told CNN. “Historically, courts have only approved such applications for senior members of the royal family. It is unclear under what circumstances, if any, a court might agree to keep wills private. or not.”

A recent high-ranking royal has The will has been made public as Diana, Princess of Wales, who gave up her HRH title upon her divorce from Prince Charles.

Judge McFarlane said in his ruling that “it has become a convention that, upon the death of a senior member of the Royal Family, an application to have their will stamped” and that it “seems such applications are always listened to discreetly and always granted.”

He said it is understood that the first member of the royal family to have a will sealed was Prince Francis of Teck, younger brother of King George V’s wife, Queen Mary, who died in 1910.

Royal and legal expert Michael L. Nash told CNN: “It was Queen Mary who used the unusual royal powers and privileges that had never been used before.”

Queen Elizabeth II watches as casket carriers carry the coffin of Prince Philip, Duke of Edinburgh into St George's Chapel at Windsor Castle on April 17, 2021.

Francis died suddenly at the age of 40, after a false medical examination of his nose, according to Nash, who was also the author of “The Royal Will in England from 1509 to 2008”. He said the prince was a “reckless gambler” but also an “incredibly lovable character” who left precious family jewels to his mistress in a draft of his will. your.

Nash, who has seen a copy of the draft will in the archives of Northern Ireland, said the prince was constantly in financial trouble, and when he died “Queen Mary knew that creditors knew the creditors. , once they see the will, will drop and everything the deceased Frank owned will have to be sold to pay off these enormous debts.”

He continued, “And she was absolutely appalled that the public would be able to learn of the condition her brother had himself in.”

Nash also points out that the family has faced legal challenges over keeping the royal will secret in the past, the most recent of which was considered by the court in 2007. He highlighted Robert’s application. Andrew Brown, who claims to be the illegitimate child of the Queen’s Sister, Princess Margaret. Brown sought to make Margaret’s will public, as well as that of the Queen Mother, but that claim was dismissed as fictitious, Nash said.

The Queen Mother (R) arrived at The Guildhall in London with Princess Margaret, for lunch to celebrate her 100th Birthday on 27 June 2000.

Privacy has become a modern-day debate for the British monarchy, with the question of how much privacy a family member deserves frequently raised. Critics often say that the royals use their position and privilege to secure immunity and evade scandal, while also noting that the Windsors are funded by taxpayers.

In his judgment, McFarlane said he was the custodian of a safe containing more than 30 envelopes, each of which was said to contain the secret will of a deceased royal. The most recent addition was made in 2002 with the Queen Mother and Princess Margaret.

McFarlane also addressed why privacy is reserved for royal wills, saying: “The answer to the question ‘why should there be an exception for senior members of the Royal Family? ‘ In my view, it is clear: there is a need to strengthen the protection afforded to the private life of this unique group of individuals, in order to protect the dignity and status of the public role of the Sovereign and its members. another close member of her family.”

Attorneys Kertesz and Swinhoe-Standen said there were notable differences in the treatment of the Duke of Edinburgh’s will and those of royals that preceded him.

“All previously sealed royal wills will be kept private indefinitely, but Prince Philip’s will differs in that its privacy is limited to 90 years,” the couple said. “After 90 years, certain officials can examine it and then they can invite the court to rule on whether the will should be made public at that time or kept secret for a while.” again.”

Nash described the deadline as a “major step forward”, as the previous position meant that the will was permanently concealed. “That casts serious doubt on historians, lawyers, researchers – all who have good reason to read wills,” he added.

“I can see in future cases that 90 years goes down to, say, 50 years or even less. So at least some possibility that people living now could read (the will) into the future. some point in the future during their lifetime.”

PLEASE SAY YOURS

So what do you think: Should royal wills be read by the public or not, and why?

That is certainly an interesting thing to ponder. Let us know what you think by email (royalnews@cnn.com). Don’t forget to include your name and where you’re writing, and your views may be featured in a future edition of Royal News.

WHAT IS HAPPENING?

Meghan’s dishes from life on the West Coast.

Unlike when she sat down with Oprah, the Duchess of Sussex’s conversation on The Ellen DeGeneres Show yielded some bombshell. This time, she revealed the Halloween costumes of Archie and Lili and the pranksters on the set, where the show was filmed. Get the full story.

Queen is all smiles on her first engagement since the health scare.

Elizabeth II gave the head of the Armed Forces a warm welcome when they met at Windsor on Wednesday – her first face-to-face meeting since she missed Sunday’s celebrations in London at the end of the day. last week. “The Queen received General Sir Nicholas Carter at Windsor Castle today following her resignation as Chief of Staff of Defense,” Buckingham Palace said. Dressed in an orange, green and white floral dress, the 95-year-old monarch saluted the outgoing general before the two chatted in the Oak Room at Windsor Castle. Read more here.
Serious royalty returned to it with a military audience at Windsor.

William arrives at Microsoft HQ.

The Duke of Cambridge visited Microsoft’s offices just outside London on Thursday to find out how new AI scanning technology is helping to tackle the illegal wildlife trade. William spoke to the developers following a recent successful test at London’s Heathrow Airport, where the software was proven capable of detecting illegal ivory products hidden in luggage and cargo. chemical. Prince, who founded the Royal Foundation for Wildlife, has explored poaching cases from start to finish, learning how partner organizations aid in disrupting criminal networks.

William learns how new AI scanning technology can increase detection of illegal wildlife products trafficked through international airports during a visit to Microsoft HQ in Reading, UK on November 18, 2019. 2021.

IN ROYAL RESTAURANT

Charles and Camilla visit the site of Jesus’ baptism.

The Prince of Wales and his wife Camilla made a special trip during their tour of Jordan on Tuesday. The couple, who made their first major visit abroad since the start of the pandemic this week, traveled to a site on the Jordan River where Jesus is believed to have been baptized. The couple were allowed to dip their fingers in the water and are bringing “five or sixty bottles” of holy water home for future royal baptisms, according to the statement. Daily mail. The royal couple embarked on a four-day autumn tour on Tuesday.

Clarence House said the trip was at the request of the UK government and the commitments would specifically focus on tackling the climate crisis. In Jordan, they were welcomed to Al Husseiniya Palace by King Abdullah II and Queen Rania, accompanied by two bodyguards of honor.

The couple posed in front of the Sphinx, on the outskirts of Cairo.

After a packed schedule for two days, the royals arrived in Egypt, where they met President Abdel Fattah el-Sisi and first lady Entissar Amer at Al-Ittahadiya Palace. Charles later attended a sectarian reception at Al Azhar Mosque, where he met the Grand Imam. They ended their first day with a visit to the Great Pyramid of Giza and the Sphinx before a reception. They separated to join in on their last day in Egypt, with the duchess visiting a Cairo veterinary hospital while Charles went to a business meeting downtown.

PHOTO OF THE WEEK

The Duke and Duchess of Cambridge wore their best outfits for a night out at the Royal Albert Hall in London on Thursday. The couple left their children at home to watch the Royal Variety performance. The annual show – this year marking a century of royal patronage – is organized to raise funds and support members of the entertainment industry. After the show, the pair were photographed chatting with comedian Bill Bailey and musician Ed Sheeran, among others.

“It is hard to believe that it has been more than 50 years since Prince Philip and I attended the first meeting of the Synod. None of us can slow down the passage of time; and while we are often focused into all that changed during the intercession. many years, many things remained unchanged, including the Gospel of Christ and His teachings.”

The Queen sent a message to the General Assembly, the legislative body of the Church of England, for its opening session on Tuesday.

Thank you for reading today’s post – we hope you enjoyed it. Please note that we’ll be taking a short break over Thanksgiving next week but will be back to bring you all things Windsors related on December 3.

–Max & Lauren

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