Theo ManningFive years after the death of Prince Philip, Duke of Edinburgh, the legal machinery protecting his estate from public scrutiny remains firmly in place. In 2021, the UK's Court of Appeal upheld a decision to seal his will for 90 years — a ruling that has since prompted estate planning lawyers and succession specialists to ask a version of the same question on behalf of their clients: how much privacy does your own will actually have, and what options exist to protect sensitive financial information from becoming public after you die?
In Australia, the answer is more nuanced than many people assume. And for high-net-worth individuals, family business owners, and anyone with complex assets or complicated family dynamics, understanding the difference between Australian and UK estate law is increasingly relevant.
Why Prince Philip's Will Was Sealed
The UK's approach to royal wills is rooted in a practice dating to 1910, when a series of rulings established that the private financial affairs of the royal family should not be visible to the public or media. Prince Philip's will was sealed by the President of the Family Division of the High Court in 2021, following an application by the royal household.
The court confirmed that the contents would remain sealed for 90 years after the grant of probate — a decision that protects the identities of beneficiaries, the value of specific assets, and any financial arrangements that the family wished to keep private.
For ordinary Australians, there is no equivalent automatic mechanism. A will filed for probate in any Australian state or territory becomes a public document.
Australian Probate: The Public Record You May Not Know About
When an estate in Australia is administered through the probate process, the will and grant of probate are lodged with the Supreme Court of the relevant state or territory. These documents are, in most circumstances, accessible to members of the public.
As confirmed by the Courts of South Australia — Probate Division, this public accessibility serves important legal functions: it allows creditors to identify estates, enables potential beneficiaries to confirm their entitlements, and provides a mechanism for will challenges. But it also means that the contents of your will — the value of assets you leave, who receives them, and in what proportions — can be reviewed by anyone motivated to look.
This is not a hypothetical concern. High-profile estate disputes in Australia regularly generate media coverage precisely because the contents of the will are on the public record. Business rivals, estranged family members, and journalists can all access probate filings through Supreme Court registries.
What Australians Can Do to Protect Estate Privacy
Unlike the UK royal family, Australians cannot petition a court to seal their will for 90 years. But there are legal structures that an estate planning specialist can use to achieve a meaningful degree of privacy and control over how assets are distributed after death.
Testamentary trusts. Rather than leaving assets directly to beneficiaries (which is recorded in the public will), assets can be left to a trust administered by a trustee. The trust deed itself may not be a public document, and the specific terms of distribution between beneficiaries can be structured with a degree of privacy that a simple direct bequest does not provide.
Family discretionary trusts established during life. Assets transferred to a family trust during your lifetime do not form part of your estate at death and therefore do not pass through probate at all. The trust continues operating according to its deed — which is a private document — with no court involvement required.
Superannuation death benefits. Superannuation does not automatically form part of your estate. Death benefit nominations direct super proceeds to beneficiaries without passing through probate, providing both privacy and often tax advantages. A binding death benefit nomination — lodged directly with your fund — bypasses the public record entirely.
Jointly held assets. Assets held in joint tenancy pass to the surviving owner by operation of law, not through the will. They do not require probate and are not recorded in the public document.
The Estate Challenge Risk: Why Privacy Matters
Beyond the question of public access, there is a more immediate concern for many Australians: family members who might challenge the will. A will lodged for probate is a public document that anyone with standing — including estranged adult children, former spouses, or disinherited relatives — can review and use as the basis for a family provision claim.
Australian succession legislation in every state gives eligible persons the right to make a claim if they believe they have not been adequately provided for. The more information available about an estate's composition, the easier it is for a claimant to formulate a targeted challenge.
Using structures that keep asset values and distribution terms outside the public will can make the estate harder to challenge and may reduce the exposure created by the public probate record.
Prince Philip's Legacy and Your Own Estate Plan
The royal family's approach to estate privacy — though operating under a different legal framework — reflects a principle that Australian estate planning lawyers regularly advise: the structure of your assets at death matters as much as the content of your will.
Prince Philip spent decades accumulating assets, titles, and private arrangements in ways that separated his personal financial affairs from public scrutiny. The sealed will is the final expression of a lifetime of structured privacy.
For Australians managing significant wealth, a business, or complex family circumstances, the same priority — privacy, control, and reduced exposure to challenge — is achievable through proper estate planning. But it requires specialist legal advice before assets are accumulated or bequeathed, not after.
If you are concerned about the privacy of your estate, the potential for family disputes, or the tax implications of how assets pass at death, speaking to a qualified estate planning lawyer is the starting point. The structures that protect your financial affairs after death are built long before the will is ever filed.
This article is informational and does not constitute legal advice. For advice about your estate planning situation, consult a registered Australian legal practitioner.
