Brown v HM Queen Elizabeth The Queen Mother, The Executors of the Estate of & Ors

Brown v HM Queen Elizabeth The Queen Mother, The Executors of the Estate of & Ors

Plaintiff's claim is based on fantasy, lacks any factual or legal foundation, and does not establish a private or public interest sufficient to justify unsealing the wills; application is vexatious and an abuse of process and must be struck out.

Parties
Plaintiff: Robert Andrew Brown; 1st Defendant: The Executors of the Estate of HM Queen Elizabeth the Queen Mother; 2nd Defendant: The Executors of HRH the Princess Margaret Countess of Snowdon; 3rd Defendant: HM Attorney General
Jurisdiction
England and Wales
Judgment Date
05 July 2007
Procedural Posture
Probate Application / Strike Out Application
Outcome
Claim struck out as vexatious and abuse of process.
Legal Topics
Sealing of Wills, Standing to Apply, Public Interest, Privacy, Abuse of Process
Probate Family Law Public Law Sealing of Wills Standing to Apply Public Interest Privacy Abuse of Process

Case Brief

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Parties

Robert Andrew Brown

Plaintiff

The Executors of the Estate of HM Queen Elizabeth the Queen Mother

1st Defendant

The Executors of HRH the Princess Margaret Countess of Snowdon

2nd Defendant

HM Attorney General

3rd Defendant

Procedural Posture

Probate Application / Strike Out Application

Legal Issues

  1. 1 Whether the plaintiff has standing to seek unsealing of royal wills
  2. 2 Whether the plaintiff's claim discloses a reasonable cause of action
  3. 3 Whether the sealing orders were properly made balancing privacy and public interest

Ratio Decidendi

Plaintiff's claim is based on fantasy, lacks any factual or legal foundation, and does not establish a private or public interest sufficient to justify unsealing the wills; application is vexatious and an abuse of process and must be struck out.

Court Disposition

Claim struck out as vexatious and abuse of process.

Orders

  • Plaintiff's application for unsealing the wills is dismissed.
  • No inspection of the wills is permitted.