Benmusa, Re

An application concerning the unsealing of a royal will must identify an intelligible legal and factual basis for the relief sought. It must disclose an intelligible link between the applicant, the deceased and the will, and identify the grounds and sources of any relied-upon beliefs. An application lacking those essential matters is hopelessly defective and may be struck out.

The applicant applied without a hearing for an order unsealing the will of HRH Princess Margaret, Countess of Snowdon. She relied on beliefs concerning a childhood change of name, her mother’s will and an alleged entitlement, but identified no intelligible connection with Princess Margaret or her will. The court considered the application on paper and had to determine whether it disclosed an intelligible basis for the relief sought.

1. The application was struck out.
2. The court noted that the practice governing the sealing of royal wills, the circumstances surrounding the sealing of Princess Margaret’s will, and the process for seeking unsealing had been explained in Brown v HM Queen Elizabeth the Queen Mother and others [2007] EWHC 1607 (Fam), and on appeal in Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others [2008] EWCA Civ 56.
3. The applicant’s allegations neither asserted nor identified an intelligible link with Princess Margaret or with her will. She did not identify the grounds or sources of the beliefs on which she relied. The application was therefore hopelessly defective.
4. The envelope containing the will was examined but not opened, and the court had no knowledge of the will’s contents.