Joanna Tuffy (Labour)

While it is good legislation, it needs to be reviewed and updated. Safeguards are in place if an individual dies without leaving a will.

I am concerned that when an individual registers a will, he or she may be more reluctant to change it later. One role of a solicitor is to advise clients on the importance of frequently reviewing their wills. Two years after drawing up a will, family circumstances may have changed or the inheritance tax threshold may have gone up or down, requiring the will to be changed. If a registry of wills is established, people must know that they should review their wills. It must be made clear that the registry is not definitive and wills may have been altered since they were first registered.

The Bill must be examined closely on Committee Stage to ensure all possibilities are covered. Simple legislation is required as it is only a voluntary register for facilitating people to find a will. While various issues need to be explored, we must not get too bogged down. From the reply of the Minister of State, I feel his officials may be getting bogged down.

The Bill refers to the definition of signatures, particularly an electronic signature. The testator must consent to the will being registered. Is an electronic signature sufficient in this regard? My understanding is that under this Bill one could register a will in a local authority area. However, I believe one should be able to do a search in a central registration office, as this can be done with other legal certificates. If this body is established, good information leaflets in user-friendly language must be published to explain the register and definitions.

Section 10(1)(b) states that an individual must give "to the registrar, to the best of his or her knowledge and belief, the required particulars of the will,". I originally read this as the contents of the will. However, it actually means the required particulars as per the Schedule. The language used in this section must be clarified.

I have often come across cases where, for example, a house was put under the joint names of husband and wife but no will was made. The family must then go through probate and obtain a grant of administration which is costly and complicated. One can go to the probate office without a solicitor but the system needs to be more user-friendly and the costs involved must be reviewed. I see no reason wills already made cannot be registered, once a testator has not died. Is the Bill retrospective on this issue?

Husbands and wives often put their dwelling houses under joint names, which is helpful in the event of one of the spouses dying. Recently, I dealt with a case where a husband and wife wanted to put their house under joint names. However, as they had bought their house from a local authority, they required the consent of the relevant council to transfer the ownership. This is one consent that should be removed. It is ridiculous that an individual who bought a house from a council must later get its consent if he or she wishes to transfer it to joint ownership. This transfer process must be encouraged because it avoids individuals whose spouses have died being forced to get probate on their dwelling house. This process should be made as uncomplicated as possible.