Published on: 25th October 2021

How Private is your Will?

It was recently announced that the Will of Prince Philip will be kept sealed for 90 years. Whilst this is normal for members of the royal family, the general public do not have the ability to keep their Wills private after a Grant of Probate is issued. If a Grant of Probate is not needed, the Will stays private between yourself, your Executors, and those named in it. If the Public Registry looks at a Will, it enters the public domain and anyone is able to apply for a copy.

There can be many scenarios in which you do not want all information within your Will to become public. Whether children are not receiving equal shares, someone is excluded, or someone is included who might not be expected, having your Will become public can cause family rifts. Careful planning can avoid some of these issues arising.

Discretionary Trust

One way to keep the beneficiaries of your estate private is to create a discretionary trust. In this type of trust, you are able to name beneficiaries, but the final say is given to your trustees. Because of this, your trustees would be able to add beneficiaries not listed in your Will, keeping them private and away from any public documents.

It must be noted that including a discretionary trust can have adverse effects on your Inheritance Tax liabilities. It is therefore important to obtain professional advice in order to include a discretionary trust based on your individual circumstances.

Letter of Wishes

Another possible way to keep aspects of your Will private is to write a Letter of Wishes. A Letter of Wishes is a document written by yourself to guide your trustees. As a Letter of Wishes is not a legal document, it can be written without the traditional legal writing as is in your Will and will not be added into the public domain. Examples of the topics that can be put in a letter of wishes are personal notes, excluding certain people from being beneficiaries, and leaving guidance to any named guardians. 

If you are curious about how to help to keep some aspects of your Will and estate planning private, Casey & Associates is able to help. You can book an appointment with one of our knowledgeable Consultants by calling our Client Services team at 01732 868190 or by using our online form by clicking here.

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Our Covid-19 policy is now that if you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

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