Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 398:

In page 87, to delete lines 10 to 17.

Amendment No. 398 proposes to delete the provision which would have allowed the High Court to alter the will of a person who has lost testamentary capacity. While this would have happened only in exceptional circumstances and where the interests of justice so demanded and while this had been recommended by the Law Reform Commission, the amendment would go against existing case law. The courts have been careful to respect the wishes of a person as expressed in a will. In this context, it is not considered appropriate that the court would have the power to alter a will, which is the expression at the time that it is drafted of the will and preferences of a person.