Prince Philip: Royal family share their memories of late Duke

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One reason the late Duke’s will is not to be made public for at least 90 years is to protect the Sovereign’s position. Judge Sir Andrew McFarlane ruled in September that the senior royal’s will should remain secret for at least nine decades to protect the Queen’s “dignity and standing”.

It comes as an ITV film about the late Duke of Edinburgh, featuring rare archive and audio recordings spanning 80 years, will be aired at 9pm on Tuesday.

Sir Andrew, quoted by the BBC, said: “I have held that, because of the constitutional position of the Sovereign, it is appropriate to have a special practice in relation to royal wills.

“There is a need to enhance the protection afforded to truly private aspects of the lives of this limited group of individuals in order to maintain the dignity of the Sovereign and close members of her family.”

The President of the Family Division of the High Court laid out the process by which sealed wills of dead members of the Royal Family could be could be made public.

Courts have been asked to seal the wills after the death of a senior member of the Royal Family for more than 100 years, meaning that, unlike the majority that is granted probate, such a will cannot be open to public inspection.

The grant of probate is an order allowing someone to distribute the assets of a dead person in line with their wishes.

It usually marks the point when a person’s will becomes a public document.

Instead, a private procedure in 90 years will lead to a decision as to whether Prince Philip’s last will and testament can be revealed publicly.

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During a private hearing, Sir Andrew was presented with arguments from lawyers representing the Duke’s estate and the Attorney General.

He said that he had not seen Prince Philip’s will or been told anything about its contents other than the date of its execution and the identity of the executor.

The judge added that he had decided to hold the hearing in private because it would be likely to generate very significant publicity and conjecture which would defeat the purpose of the application.

He continued: “I accepted the submission that, whilst there may be public curiosity as to the private arrangements that a member of the Royal Family may choose to make in their will, there is no true public interest in the public knowing this wholly private information.”

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Sir Andrew said there was no legal reason for any representations from media organisations because the public interest was represented by the Attorney General, who is the Government’s chief legal adviser.

Lawyers for the prince’s estate had argued news of the hearing and the application might spark “wholly unfounded conjecture” which would be “deeply intrusive” for the Queen and Royal Family.

According to Sir Andrew, Prince Francis of Teck was the first family member whose will was sealed by the court after his death in 1910.

Royal expert Michael L Nash, author of Royal Wills in Britain from 1509 to 2008, explained that Queen Mary’s younger brother left valuable emeralds prized by George V’s wife to his mistress, the Countess of Kilmorey, leading to what was then a new legal move.

Prince Francis’s will is kept under lock and key in a safe held by Sir Andrew along with those the Queen Mother and the Queen’s sister Princess Margaret who died in 2002.

Sir Andrew said after 90 years each royal will would be opened and examined by the monarch’s private solicitor, the keeper of the Royal Archives, the Attorney General and by personal representatives of the dead person who may be available.

They would decide whether the will can be made public, but Sir Andrew warned some royal wills may never be published.

The Queen’s solicitor and the Attorney General argued the wills should be sealed for 125 years, but Sir Andrew said that 90 years was “proportionate and sufficient”, according to a BBC report.

Sir Andrew said he plans to publish the names on the 30 envelopes in his safe, but added he will not do so until any potential appeal against his judgement has run its course.

The Duke, who was married to the Queen for 73 years, died on April 9, just two months before his 100th birthday.

His funeral took place on 17 April in St. George’s Chapel at Windsor Castle, though only a few royals could attend due to strict Covid restrictions at the time.

ITV documentary “Philip: Prince, Husband, Father” takes in the role of the monarchy, press intrusion and Prince Charles’s future.

Trailed as an intimate portrait, the programme captures the Duke of Edinburgh’s commitment to the Crown, his country and above all his family.

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