Sealing of Will—section 124 of the Senior Courts Act 1981 (Johnson v His Majesty’s Attorney General)
Private Client analysis: The case concerned the issue of whether, contrary to the normal practice of the High Court, the Will of the claimant (‘the Deceased’) should not be open to general inspection and thereby be sealed. The general principle is that under section 124 of the Senior Courts Act 1981 when a grant of probate is made in respect of a deceased’s estate all Wills and other documents deposited under the High Court’s probate jurisdiction are open to inspection by the public. This is subject to rule 58 of the Non-Contentious Probate Rules 1987, SI 1987/2024, which provides that such Will or document shall not be open to inspection if ‘in the opinion of a district judge or registrar, such inspection would be undesirable or inappropriate’. In concluding that the Will should be sealed, the judge provides a comprehensive analysis of the factors to be considered when deciding whether a Will should remain private. Written by Lynne Counsell, barrister at Addington Chambers.