Fame, Fortune and Final Wishes: Will Planning for High Profile Individuals

For most people, a will is drafted quietly and read discreetly. For those in the public eye, it can become a post death press release.

In England and Wales, once a person dies and their executors apply for a grant of probate, the original will must be lodged with the Probate Registry as part of the application. Fourteen days after the grant is issued, the will becomes a public document. Any member of the public who knows the deceased’s name and year of death can obtain a copy online for £16. Within moments of payment, a scanned copy of the signed will and Grant of Probate can be downloaded.

This is not a well-kept secret. Media organisations are well aware of it. It is widely understood within the industry that certain outlets monitor recently deceased celebrities and public figures, waiting for probate to be granted so that they can scrutinise the will. The detail is then dissected: who has been included, who has been excluded, what sums have been left and how those figures compare with the reported value of the estate. Differences between gross and net figures are analysed and often unfortunately mischaracterised.

One multi-platinum British recording artist’s estate experienced this exact invasion of privacy. Their will made no provision for former partners. The absence of any express gift was enough to trigger extensive press speculation about deliberate exclusion, particularly once claims were intimated against the estate. What was, in legal terms, a relatively conventional will structure became the subject of sensationalised reporting and reputational commentary.

Against that backdrop, high profile individuals should approach will planning through an additional lens: how might this read on the front page?

Aside from becoming the reigning monarch of the United Kingdom! (the only individual whose will is not made public) careful structuring is the principal safeguard.

First, the “face” of the will should be as streamlined as possible. The Will submitted to the Probate Registry ought to deal primarily with structure: appointment of executors and trustees, creation of trusts and administrative powers. Sensitive personal context and specific bequests should instead be recorded in a separate letter of wishes. Crucially, a letter of wishes is not submitted for probate and does not become a public document.

Secondly, high profile individuals should generally avoid “shopping list” wills that set out a series of fixed, absolute legacies to named individuals with precise sums attached. It is these specifics that attract headlines. A discretionary will trust, by contrast, defines a class of beneficiaries rather than allocating fixed entitlements. Trustees are then given discretion as to who benefits, when and to what extent. This approach not only provides tax and succession flexibility, but also significantly limits what can be inferred from the publicly available will. Powers can also be included enabling trustees to add further beneficiaries after death, where appropriate and guided by the letter of wishes.

The substantive detail, including guidance on how trustees should exercise their discretion and any nuanced family dynamics, can be addressed privately within the letter of wishes.

Ultimately, for those whose lives have been lived in the public domain, unfortunately death does not automatically restore privacy. Thoughtful estate planning must take into account not only tax efficiency and asset protection, but also reputational risk and the potential for post death scrutiny. Careful consideration of what appears on the face of the will, and what is kept confidential, is essential.  

Our expert Private Client team offers leading will planning and estate advice to high profile individuals across sports, media and entertainment to protect privacy, legacy and reputation. For further information or to discuss how we can assist you, please contact Stephen Patch and Isabel Solarte. 

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