Terry Leyden (Fianna Fail)

I welcome the Minister of State at the Department of Health and Children, Deputy Seán Power, to the House. I also welcome the Registration of Wills Bill 2005 to the Seanad. Today we are making history by taking a Private Members' Bill introduced by a Government Member of the House. As a Minister of State, I brought some Bills through this House but they were provided by the Civil Service, they were never Private Members' Bills. This is historic and sets a precedent for legislation.

I place on record my appreciation to the Leader of the House, Senator O'Rourke, the Chief Whip, Senator Moylan, our spokespersons, Senators Glynn and Feeney, and every other Fianna Fáil Senator for the overwhelming support and encouragement they have given this Bill. I also thank the Opposition and Independent Senators for their support. The Bill is of universal importance, it is not a party political issue and will benefit the majority of people. I am confident it will be agreed and will proceed to Committee and Remaining Stages.

It has come to my attention that many people have been deprived of their rightful inheritance by the lack of a will or the inability to find the will of a family member. They have been done a great disservice by the State and this Bill is the only way to rectify the situation. When I returned to the Oireachtas, other cases came to my attention where wills had allegedly been made but not found. I recently came across a case where a person died and the family is still seeking the last will and testament but have not succeeded to date. I have heard many other stories where people have tried to find a will but have failed.

In 2004, some 5,400 wills were probated in Ireland but more than 28,000 people died. This significant shortfall demonstrates my point — many people do not make wills. Many make private wills but these are normally held with their papers and documents. The only individuals required to register a will are Catholic clergy. Every Catholic cleric must leave a copy of his will in the possession of the bishop.

There is a saying that it is impossible to live without lawyers and impossible to die without them. Over 6,000 solicitors practise in Ireland in 2,100 offices. There is no requirement on the solicitors registered in this country who execute and make wills to provide lists that would be held in a central bona fide registry such as the General Register Office in Roscommon. At present, a person makes a will with a solicitor who records it in his or her book of wills and the document is held in the legal firm's safe deposit box. The Law Society Gazette regularly advertises requests for the whereabouts of wills that have been mislaid, are missing or cannot be found. Many people who would otherwise be entitled to inheritances from wills have been deprived. To quote Jack Lemmon, "Death ends a life, not a relationship". There are pages and pages of people searching for lost wills in the Law Society Gazette in the hope that their loved one made a will. Many people make wills not knowing that sometimes they may not be executed correctly or at all. It is a unique situation where the purchaser of this service has no after-sales come back. We have a responsibility to ensure that citizen's wishes are honoured and given the proper legal recognition they deserve.

In the course of my research I have discovered a Council of Europe convention for the establishment of a scheme of registration of wills. This dates back to 1972 but was never ratified by Ireland. The main aim of the convention was the provision of a registration scheme enabling a testator to register his will to reduce the risk of the will remaining unknown or being found belatedly, and to facilitate the discovery of the existence of the will after the death of the testator. This was on account of the situation where a growing number of persons make their will away from home and even in a foreign country. Since most member states do not require wills to be deposited with a court of law, a notary or another authority, and have no central register, the heirs are often unaware of the existence and the whereabouts of a will. The current situation must stop and therefore I ask that the Registration of Wills Bill be dealt with.

I am pleased to have this opportunity to introduce the Registration of Wills Bill 2005 and to outline its provisions. Before doing so, however, I wish to explain why the provisions set out in the Bill are so important. We are currently faced with a unique situation where many people's last wishes are not being honoured and the Bill will rectify that. I am glad the Minister of State is here to assist with this work. The proper system will involve the General Register Office, located in Roscommon.

The Bill will enable a person who makes a will, or his or her solicitor, to voluntarily register the name and address of the custodian of his or her will. This will reduce the risk of the will remaining unknown or being found belatedly. It will also facilitate the discovery of a will after the death of the person who made it. This Bill provides for the privacy of the registered particulars of the will prior to the testator's death. This will underpin the development of a modern system of registration of wills that responds to the needs of modern society.

The Registration of Wills Bill 2005 amends the Civil Registration Act 2004 and provides a clear statutory basis for the registration of wills by extending the civil registration service. The register of wills will be kept in the General Register Office in Roscommon, further facilitating decentralisation. The office has settled well and is a good example of a Government agency being decentralised.

Civil registration was introduced in Ireland in 1845 for the registration of non-Catholic marriages and expanded in 1864 for the registration of births, deaths and Catholic marriages. Therefore, since the 1800s a registration system has been in place. Irish society now requires a national system of registration of wills to facilitate the finding of a person's will after his passing.

Part 1 of the Bill contains the usual provisions for short title, collective citation, definitions and commencement. Part 2 outlines the organisational structure for the administration of the register of wills. Part 3 provides for the registration of wills. Part 4 provides for miscellaneous amendments to the Civil Registration Act 2004. Section 10 provides for the registration of wills by a registrar of any local registration authority. Qualified informants may register wills at a convenient office by providing the required particulars of the will and signing the register in the presence of the registrar. A qualified informant is the testator or his or her instructed solicitor. The required particulars of the will are set out in the Schedule and include the following: the name and address of the custodian of the will; the testator's signature, name, address, sex, date and place of birth; the testator's personal public service number; the informant's signature, name and address; the date of registration; and the registrar's signature.

Section 10(3) provides that one or more wills, including codicils, made by the same testator may be registered or re-registered. This, of course, means that if a person decides to change his will he can register the new will.

Section 11 provides that information held on the register of wills shall not be accessible to the public and that such information shall not be made available except as provided under section 12. That ensures the privacy of will records. Section 12 requires the registrar or a member of his or her staff authorised by him or her to search the register of wills and provide a certified copy of an entry in such register at the request of an applicant on payment of the appropriate fee, provided the death of the testator has been registered or the applicant is the testator. This means that a copy of the register entry is only available to the testator or to someone else on the death of the testator.

The further modernisation of the civil registration service is essential to ensure rights for those who make wills and for their beneficiaries. I commend the Bill to the House and look forward to a constructive debate on it.

I will bring forward certain amendments on Committee Stage on the basis of information provided to me to date. One's marital status affects one's rights to inherit from one's spouse or partner. If one is not married, one may only inherit from one's partner if left a bequest in a valid will. However, a spouse is entitled to what is called a "legal right share" of their deceased spouse's estate even if there is no will, the will is invalid or there is a valid will but it leaves little or nothing to the surviving spouse. The marital status of the deceased person may also indirectly affect the inheritance rights of his or her children.

I thank all those associated with bringing forward the Bill. I am grateful in particular for the assistance I received from counsel, Wesley Farrell, who is in the Visitors Gallery, and others who have made worthwhile contributions to the Bill, including Ms Margaret McCluskey, who forwarded information, and others. I received numerous items of information from people throughout the country in regard to the Bill.

I want to express my sincere appreciation to the Tánaiste and Minister for Health and Children, the Minister of State, Deputy Power, and the Registrar General who will be dealing with this particular issue. This Bill is a move in the right direction as far as Members of this House, as legislators, are concerned. It will provide an opportunity where a need arises. Ministers are extremely busy but this Bill gives us an opportunity to identify a void in the market and the way people can be best served by bringing forward legislation. I have been given a unique opportunity, as a member of the Fianna Fáil Front Bench in the Seanad and of the Fianna Fáil parliamentary party, because the Bill was approved unanimously by the Fianna Fáil Senators and the Fianna Fáil parliamentary party at a meeting attended by the Taoiseach, and all Ministers, including the Chief Whip, Deputy Tom Kitt. This is a legislative measure agreed by our Government which is going through the process of Private Members' time. I am delighted to have the opportunity to present the Bill with the assistance of many people who have worked with me on this legislation. I commend the Bill to the House and hope it will be accepted unanimously.