1-20 of 1,705 results for subject:Wills
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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.
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.
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, the intestacy rules apply. These set a fixed statutory hierarchy of relatives who have the right to inherit an estate where there is no Will, with priority given to a surviving spouse or civil partner, followed by children and other descendants. Where the deceased has no blood relatives, their estate passes to the Crown.
The Law Commission recently conducted a comprehensive review of the Law of Wills making a series of recommendations. They did not as part of this landmark review recommend mandating adults with capacity to take out a Will. The Government will respond to its recommendations in due course, but I can confirm we have no plans to require individuals, where they have the requisite mental capacity, to make a Will.
To ask the Secretary of State for Justice, what plans he has to introduce mandatory mediation services in the case of contested wills.
To ask the Secretary of State for Justice, what plans he has to introduce mandatory mediation services in the case of contested wills.
The Government recognises the value of mediation in helping parties to resolve disputes more swiftly, consensually and in a less adversarial manner. Where mediation is successful, all parties will be spared the time and stress of litigation.
The Civil Procedure Rules were amended to give judges power to order parties to undertake mediation where they deem it would be appropriate and beneficial. Whether, and how, parties engage with offers or requests for mediation can be considered by the courts when exercising its discretion with respect to costs.
The Government has no plans to introduce mandatory mediation for contested probate disputes.
To ask the Secretary of State for Justice, how many (a) Royal Wills and (b) other Wills have been sealed since 1911; and whether he has assessed the potential merits of bringing forward legislative proposals to prohibit the sealing of Royal Wills.
To ask the Secretary of State for Justice, how many (a) Royal Wills and (b) other Wills have been sealed since 1911; and whether he has assessed the potential merits of bringing forward legislative proposals to prohibit the sealing of Royal Wills.
On 24 November 2021 Annex 1 was published, listing wills which were held in the custody of the President at that time and with each date of probate. HMCTS does not hold data on other Wills sealed since 1911.
The Government has no plans to change the current practice regarding the treatment of Royal Wills. It is an important constitutional principle that the Sovereign’s Will remains sealed. For other Royal Wills, the Government is of the view the existing approach of generally sealing the Wills upon death but allowing them to be viewed in the future, is the right balance between protecting the privacy of the Royal Family and upholding constitutional principles against the need for historical transparency and open justice.
What steps he is taking to implement the recommendations in the Law Commission report entitled Modernising Wills Law, published on 16 May 2025.
What steps he is taking to implement the recommendations in the Law Commission report entitled Modernising Wills Law, published on 16 May 2025.
The law governing wills has not changed substantially since 1837. It is in that context that the Government welcome the Law Commission’s comprehensive and thorough review; we will be taking our time to consider it, and will respond in due course. Innovations such as electronic wills could improve accessibility and increase the number of people making wills, putting them and their loved ones in a more secure position.
The law governing wills has not changed substantially since 1837. It is in that context that the Government welcome the Law Commission’s comprehensive and thorough review; we will be taking our time to consider it, and will respond in due course. Innovations such as electronic wills could improve accessibility and increase the number of people making wills, putting them and their loved ones in a more secure position.
The law governing wills has not changed substantially since 1837. It is in that context that the Government welcome the Law Commission’s comprehensive and thorough review; we will be taking our time to consider it, and will respond in due course. Innovations such as electronic wills could improve accessibility and increase the number of people making wills, putting them and their loved ones in a more secure position.
In 2018, I began my campaign to abolish the rule that stipulates that in England and Wales, remarriage revokes any previous will. It is clear that such a rule is no longer fit for purpose and opens the door to abuse—unscrupulous individuals often marry vulnerable people, enabling them to inherit their estate upon death. Will the Government now commit to accepting the Law Commission’s recommendation that that archaic rule be abolished?
In 2018, I began my campaign to abolish the rule that stipulates that in England and Wales, remarriage revokes any previous will. It is clear that such a rule is no longer fit for purpose and opens the door to abuse—unscrupulous individuals often marry vulnerable people, enabling them to inherit their estate upon death. Will the Government now commit to accepting the Law Commission’s recommendation that that archaic rule be abolished?
I commend my hon. Friend on his work, looking at how we can combat predatory marriages and those who prey on the vulnerable. The Law Commission’s recommendation that the rule that marriage revokes a will be abolished is well evidenced. We will take a holistic look at the issue, but we will certainly consider carefully.
I commend my hon. Friend on his work, looking at how we can combat predatory marriages and those who prey on the vulnerable. The Law Commission’s recommendation that the rule that marriage revokes a will be abolished is well evidenced. We will take a holistic look at the issue, but we will certainly consider carefully.
I commend my hon. Friend on his work, looking at how we can combat predatory marriages and those who prey on the vulnerable. The Law Commission’s recommendation that the rule that marriage revokes a will be abolished is well evidenced. We will take a holistic look at the issue, but we will certainly consider carefully.
In 2018, I began my campaign to abolish the rule that stipulates that in England and Wales, remarriage revokes any previous will. It is clear that such a rule is no longer fit for purpose and opens the door to abuse—unscrupulous individuals often marry vulnerable people, enabling them to inherit their estate upon death. Will the Government now commit to accepting the Law Commission’s recommendation that that archaic rule be abolished?
I welcome the hon. Member for Leeds North East (Fabian Hamilton) back after his operation. It is good to see him again, and I wish him a speedy recovery.
I thank the Minister for her answer. What steps is her Department taking to ensure that the insights and the drafting expertise in the “Modernising Wills Law” report are taken on board by the Northern Ireland Executive, to ensure families in Northern Ireland can benefit from similar modernised protections against predatory marriage through updated legislation?
I welcome the hon. Member for Leeds North East (Fabian Hamilton) back after his operation. It is good to see him again, and I wish him a speedy recovery.
I thank the Minister for her answer. What steps is her Department taking to ensure that the insights and the drafting expertise in the “Modernising Wills Law” report are taken on board by the Northern Ireland Executive, to ensure families in Northern Ireland can benefit from similar modernised protections against predatory marriage through updated legislation?
As we consider the Law Commission’s recommendations, we will of course consider how they might lead to law changes and law reform across the United Kingdom. However, where matters are devolved, we respect that as well.
As we consider the Law Commission’s recommendations, we will of course consider how they might lead to law changes and law reform across the United Kingdom. However, where matters are devolved, we respect that as well.
As we consider the Law Commission’s recommendations, we will of course consider how they might lead to law changes and law reform across the United Kingdom. However, where matters are devolved, we respect that as well.
I welcome the hon. Member for Leeds North East (Fabian Hamilton) back after his operation. It is good to see him again, and I wish him a speedy recovery.
I thank the Minister for her answer. What steps is her Department taking to ensure that the insights and the drafting expertise in the “Modernising Wills Law” report are taken on board by the Northern Ireland Executive, to ensure families in Northern Ireland can benefit from similar modernised protections against predatory marriage through updated legislation?
To ask the Chancellor of the Exchequer, what assessment she has made of the potential impact of the proposal to require charities to spend gifts from wills within a set timeframe in the draft Finance Bill 2025-26 on legacy giving.
To ask the Chancellor of the Exchequer, what assessment she has made of the potential impact of the proposal to require charities to spend gifts from wills within a set timeframe in the draft Finance Bill 2025-26 on legacy giving.
The new charity rules in the Finance Bill 2025-26 for legacy giving will ensure a charity uses tax relieved income for its charitable purposes. They will not require charities to spend gifts from wills within a set timeframe.
The new rules will replace the current purpose test with an outcome test. This will better prevent the abuse of tax reliefs through arrangements designed to give financial advantages to donors in return for their donation.
Updated guidance will support charities and donors, giving clarity and reassurance around the rules and making it clear that the honest majority of donors and charities will remain unaffected by these reforms.
To ask the Secretary of State for the Home Department, what assessment she has made of the potential merits of introducing signage in register offices that state (a) marriage and (b) civil partnership can cause a will to be revoked.
To ask the Secretary of State for the Home Department, what assessment she has made of the potential merits of introducing signage in register offices that state (a) marriage and (b) civil partnership can cause a will to be revoked.
There is currently no plan to introduce signage about wills in register offices.
To ask the Secretary of State for Justice, if he will take steps to pilot (a) short video interviews, (b) biometric ID checks and (c) other live identity verification for the personal applications of wills.
To ask the Secretary of State for Justice, if he will take steps to pilot (a) short video interviews, (b) biometric ID checks and (c) other live identity verification for the personal applications of wills.
HMCTS staff are trained in processing and verifying probate applications, with systems established to identify and escalate cases that present certain features of concern. These procedures are regularly reviewed to ensure they address emerging issues appropriately.
The Department is reviewing how personal applicants are identified for probate, as part of a wider examination of non-contentious probate rules: https://www.judiciary.uk/guidance-and-resources/working-group-members/.
To ask the Secretary of State for Justice, what mechanisms are in place at HM Courts and Tribunals Service Probate Registries to ensure that when a later will is lodged and an objection is submitted prior to the granting of probate on an earlier will, the later will is considered...
To ask the Secretary of State for Justice, what mechanisms are in place at HM Courts and Tribunals Service Probate Registries to ensure that when a later will is lodged and an objection is submitted prior to the granting of probate on an earlier will, the later will is considered...
HMCTS has an established process in place for when a later will is lodged, which requires HMCTS staff to submit the later Will and earlier Will to a Registrar for their directions on how to proceed.
To ask the Secretary of State for Justice, when he plans to respond to the Law Commission’s report entitled Modernising Wills Law, published on 15 May 2025.
To ask the Secretary of State for Justice, when he plans to respond to the Law Commission’s report entitled Modernising Wills Law, published on 15 May 2025.
The Government is giving careful consideration to the Law Commission’s comprehensive report on the law of wills and will be announcing next steps in the near future.
To ask the Secretary of State for Justice, how many applications to the Court of Protection for statutory wills were made in each of the last five years; and how many applications were granted in each of the last five years.
To ask the Secretary of State for Justice, how many applications to the Court of Protection for statutory wills were made in each of the last five years; and how many applications were granted in each of the last five years.
The latest published Court of Protection (COP) statistics on application and order volumes by type, are all available in the Family Court Statistics 2025 published quarterly in tables 20 and 21.
Volumes of applications and orders relating to wills (applications to execute wills) are grouped together currently with applications for gifts and orders for settlement due to the low volumes and their paths through the court being similar with Official Solicitor involvement.
To ask the Secretary of State for Justice, whether she plans to review the statutory will process to help ensure that it is accessible for (a) people with disabilities and (b) their families.
To ask the Secretary of State for Justice, whether she plans to review the statutory will process to help ensure that it is accessible for (a) people with disabilities and (b) their families.
The Law Commission recently completed a substantial review of the Law of Wills, and its report “Modernising Wills Law” was published on 16 May 2025. A copy of the report can be found at: https://lawcom.gov.uk/project/wills/#3-Documents. The report provides a thorough analysis of the case for reforming the law and procedure governing statutory wills.
The Government will make further announcements on the response to the report in due course, once it has given the report the detailed consideration it deserves.
To ask the Secretary of State for Justice, what assessment she has made of the potential implications for her policies of the proposals in Law Commission’s report entitled Modernising Wills Law, published on 15 May 2025.
To ask the Secretary of State for Justice, what assessment she has made of the potential implications for her policies of the proposals in Law Commission’s report entitled Modernising Wills Law, published on 15 May 2025.
The Government has welcomed the Law Commission’s comprehensive report on the law of making a will and will be giving the report careful consideration.
This is the first major review of the law on making wills since the Wills Act 1837, and the reforms proposed by the Law Commission are significant and wide ranging. They deserve detailed consideration. The Government recognises that the current law is outdated, and we must embrace change, but the guiding principle in doing so will be to ensure that reform does not compromise existing freedoms or protecting the elderly and vulnerable in society from undue influence.
The Government will make further announcements in due course, once it has given the report the detailed consideration it deserves.
To ask the Secretary of State for Justice, what assessment she has made of the potential implications for her policies of the proposals in Law Commission’s report entitled Modernising Wills Law, published on 15 May 2025.
To ask the Secretary of State for Justice, what assessment she has made of the potential implications for her policies of the proposals in Law Commission’s report entitled Modernising Wills Law, published on 15 May 2025.
The Government has welcomed the Law Commission’s comprehensive report on the law of making a will and will be giving the report careful consideration.
This is the first major review of the law on making wills since the Wills Act 1837, and the reforms proposed by the Law Commission are significant and wide ranging. They deserve detailed consideration. The Government recognises that the current law is outdated, and we must embrace change, but the guiding principle in doing so will be to ensure that reform does not compromise existing freedoms or protecting the elderly and vulnerable in society from undue influence.
The Government will make further announcements in due course, once it has given the report the detailed consideration it deserves.
To ask the Secretary of State for Justice, what safeguards exist for (a) vulnerable and (b) elderly people when (i) wills and (ii) codicils are prepared for them.
To ask the Secretary of State for Justice, what safeguards exist for (a) vulnerable and (b) elderly people when (i) wills and (ii) codicils are prepared for them.
There are various safeguards in statute (principally the Wills Act 1837) and the common law in relation to the making of wills and codicils. The law requires that a testator must have the necessary testamentary capacity to make a will, and for that will to be valid a testator must also know and approve of the contents of his or her will (or codicil).
Where a will is executed as a result of fraud or undue influence, the will is void and therefore has no effect, and where there are concerns on these grounds there is a legal basis for challenging a will’s validity.
The Law Commission is currently reviewing the law of wills and one of the issues it has particularly focused on is the protection of vulnerable testators. The Commission will be publishing its final report shortly and the Government will consider its recommendations with care.