Written Question·Ministry of Justice·UIN 16341

Wills: Mental Capacity

Tabled: 6 July 2026
Answered: 14 July 2026

Question

Neil Duncan-Jordan

LabourPoole

To ask the Secretary of State for Justice, what assessment has been made as to the potential merits of introducing a mandatory requirement for adults with capacity to take out a will.

Answer

Sarah Sackman
It is a fundamental principle of the law of England and Wales that a person can give his or her property to any person of his or her choice on death by making a valid Will. This is known as testamentary freedom.Where a person dies without a valid Will, th...

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