Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

After reading the Minister of State's statement, I acknowledge her points. I will not be pressing the amendment. I accept that this is an extremely difficult thing to have to do and, as the Minister of State rightly says, it would have to involve extremely exceptional circumstances for a matter to go the High Court. It would be where the person had lost his or her testamentary capacity, and the High Court, on application by the director of decision support services, could or should be able to alter the will where it is satisfied that exceptional circumstances have arisen since the loss of that capacity and the interests of justice so demand. There would have to be exceptionally clear evidence that somebody who was a party to a will and had an equal right to an equal share had been deprived of that by the actions of another party. I accept the Minister of State's point that this is what is going to be in the legislation.

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