Wills: Mental Capacity
2026-07-05 · Ministry of Justice · 16341 · Official question
Question
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
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...