Executor of HRH Prince Philip v HM Attorney General & anr [2022] WTLR 1251

Wills & Trusts Law Reports | Winter 2022 #189

This was an appeal against the decision of the president of the Family Division (PFD) to seal for 90 years the will of HRH The Prince Philip, Duke of Edinburgh, to publish a list of 33 sealed wills of deceased members of the Royal Family, and to seal those 33 wills for 90 years (Re Will of HRH The Prince Philip, Duke of Edinburgh [2021]).

At the start of the original hearing, the PFD directed that the hearing should take place in private, having only heard submissions from Prince Philip’s executor and the Attorney General (AG), but that the judgment should be made public....

Re Will of HRH The Prince Philip, Duke of Edinburgh [2021] WTLR 1545

Wills & Trusts Law Reports | Winter 2021 #185

This was an application by the executor of HRH The Prince Philip, Duke of Edinburgh, for an order that his will be sealed up and that no copy of the will should be made for the record or kept on the court file, and for a direction to exclude the value of the estate from the grant of probate. The Attorney General was the sole defendant whose role it was to represent the public interest. The Attorney General strongly supported the application.

Applications to seal the wills of senior members of the Royal Family had been made for over a century. It appeared that they were always hear...

Seals & anr v Williams [2015] EWHC 1829 (Ch)

Wills & Trusts Law Reports | September 2015 #152

The claimants had brought proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision out of the estate of their late father, Arnold Seal. The sole executrix and beneficiary of the estate was the defendant. Related proceedings had generated considerable acrimony with the result that the parties’ positions were in danger of becoming entrenched. An attempt at mediation had largely stalled and the legal representatives of the parties proposed as a way forward that the court undertake an early neutral evaluation of the ca...

Civil Procedure Rules: Payment on account of costs – what is the right percentage?

Robert Bourne considers a siginificant but often overlooked reform, the arrival of CPR 44.2(8) ‘The costs ordered to be paid will be those that “reflect a reasonable assessment of what was likely to be awarded.”’ In recent years it has been recognised that if a party is bound to receive a certain part of the …
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Civil Procedure Rules: Expert witnesses and damages-based agreements – do they mix?

Ian Gascoigne discusses the potential pitfalls ‘An expert retained in any contentious proceedings must not enter into any arrangement that could compromise his impartiality, nor make a payment to him dependent on the outcome of the case.’ Whenever a revision occurs in the court rules, the role of the expert witness becomes a more difficult …
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Civil Procedure Rules: Collaborative costs management – a way forward?

Mark Bailey provides a defendant’s perspective of the post-April changes and how these should be tackled It is proposed that once a costs management order has been made and a budget approved, the court will thereafter control the parties’ budgets. The purpose of this article is to look at aspects of the new rules, potential …
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