Can I Keep My Will Secret? | Curtis Parkinson
Can I Keep My Will Secret?

Can I Keep My Will Secret?

20 June, 2024 5 minutes reading time


Usually, a Will become public after a Grant of Probate is issued. However, to protect the “dignity and standing” of the late Queen, the High Court ordered Prince Philip’s Will to be kept secret for 90 years. Since then, following the judgment of the President of the Family Division in the case of Prince Philip’s Will, nine original royal wills, envelopes, and seals have recently been released for public access.

This begs the question: can an average person keep their Will secret? After all, you may not want everyone to know your estate’s details or who inherits what.

Privacy and Your Will

Your Will is a private document. Even if family members pressure you to disclose its contents, you’re not legally obliged to show anyone. Only named executors are entitled to read the Will.

However, you can’t keep the terms of your Will private after you die. When the Court issues the Grant of Probate, the authority of the executor(s) is confirmed, the estate is distributed according to the terms of the Will, and any Will registered with the Probate Registry becomes a public document.

That said, when a Grant of Probate isn’t required, the Will can remain private. While it’s common for beneficiaries to ask to see a copy of the Will, it’s at the discretion of the executor(s) whether they provide one, and they are only entitled to information related to them.

Secret Trusts

A secret trust can be used to conceal the identity of a beneficiary. Two types of secret trust exist a half-secret and a fully secret trust. A fully secret trust makes no mention in the Will whatsoever; a gift to a person is made in the Will on the understanding that the person passes it on to an unnamed beneficiary. This agreement is made outside the Will entirely.

A half-secret trust names the trustee in the Will but does not give the trust’s terms, including the beneficiary.

While secret trusts can be useful for maintaining privacy, certain criteria must be fulfilled. Furthermore, unless the trust is set up correctly, the secrecy surrounding this type of trust will likely complicate matters for your executors. It may lead to disputes and delays in administering your estate.

Also, if the person holding assets in a secret trust dies or loses capacity before communicating the terms of the trust to anyone else, or written evidence isn’t easily available, there will likely be issues. Recent case law has also shown a difference between intending to create a trust and informally expressing wishes in the hope that they’ll be carried out.

Role of Discretionary Trusts

Often, the motivation behind setting up secret trusts is a moral obligation. In this context, one option is to make a Will leaving assets in a discretionary trust. In terms of privacy, A discretionary trust can include several beneficiaries, giving the trustees discretion on who should benefit and when.

Letter of Wishes

As mentioned earlier, a letter of wishes can offer privacy and is often used with discretionary trusts. Drafted alongside your Will, it provides additional context and guidance to your trustees on how to make decisions.

While not legally binding, a letter of wishes remains confidential. This is helpful for including sensitive information. It’s also easier to change or update than a Will.

However, your Will must be drafted correctly, especially if trusts are involved. A letter of wishes should not contain anything that could conflict with the contents of your Will. After all, it may create a strong moral obligation for the executors to follow its contents, but it’s not legally binding.

So, in summary, while it’s frequently recommended as an accompaniment, the Will itself (including appropriate trusts) should do the heavy lifting for your estate planning.

Updating and Keeping Your Documents Safe

Alongside your Will, a letter of wishes should be reviewed and updated regularly to account for any changes in personal circumstances – or preferences.

Of equal importance is where you keep these documents. Quite apart from the safety aspect (risk of damage and so on), it’s vital that your executors can easily find your Will and letter of wishes. In 2019, Lloyds failed to pass on over 9,000 Wills of deceased customers, leading to hundreds of families distributing assets incorrectly. This alone highlights why knowing where the Will is held is so important.

You have a few options for storing your Will, such as keeping it at home or with your solicitor. The best choice depends on your circumstances.

Any letters of wishes should be stored with your Will. Furthermore, it’s crucial not to attach them physically, as this could invalidate the Will. Keep these documents together. Your executors and trustees need them to understand and fulfil your wishes.

Finally, consider registering your Will with the National Wills Register for a small fee. This can help ensure your Will is found and followed after your death.

Our Advice

Creating a Will involves many important decisions. Our specialist team has extensive experience drafting Wills, letters of wishes, trusts, and other estate planning documents.

We also assist those responsible for administering estates. In addition, we act as professional executors and trustees for clients who prefer an independent expert. Contact us for more information or advice. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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