Cyprian Brady (Fianna Fail)

I welcome the Registration of Wills Bill and congratulate Senator Leyden on its introduction. I consider it a modern and practical Bill which would provide a service to everyone. As Senator Tuffy pointed out, the service is voluntary which is crucial. As there are issues around privacy and the validity of some wills, the voluntary aspect of the proposed system must be welcomed. The purpose of a will is to provide for one's loved ones and next-of-kin. As one American wit put it, the two sure and certain matters in life are death and taxes. In other cases, people wish to leave either assets or moneys to charitable organisations, many of which depend heavily on such bequests. This is a matter that could be open to abuse. I know of cases where vulnerable elderly people were taken advantage of in the drawing up of their wills. The registration of a will could avoid such situations arising.

The executor plays an important role in carrying out the terms of a will. I had the responsibility of administering the estate of my late father who died intestate. I went through the whole process without legal assistance. I found it intimidating but once I understood it, it was not too difficult. In the case of large estates in particular, if a will is registered it will avoid much conflict because some families have been split beyond repair as a result of problems with wills. There are particular problems with land, especially farming land. This Bill will ensure that where there is a question as to whether somebody made a will it can be easily verified.

In the modern economic context assets can be a complicated area. We are all conscious of the importance of pensions, superannuation schemes and the myriad saving and share schemes which can form part of a will. Debts can also play a large part in a will, whether in the form of tax liabilities, outstanding loans or salaries owed to employees. It is a complicated area which gives rise to problems if somebody dies intestate or if a will cannot be found. The legal profession plays a significant role in encouraging people to make a will and maintaining it once it is made. A register is vital so that the next of kin can be sure a will is registered, available and in the safe hands of a solicitor.

The fabric of our society is also changing. Divorce, legal separation and cohabitation are all issues which must be taken into consideration because they complicate succession rights and the transfer of property and assets. Anything that makes the process simpler for a person or family can only help. The framework of family life in Ireland has changed so much that this Bill can only make life easier for people at what is a stressful and confusing time. From personal experience of the process it would have been much easier if, in the immediate aftermath of my father's death, there had been a register to check.

I welcome the fact that Part 1 includes a reference to an electronic signature. The Minister of State went through in detail the great technological strides that have been made and the resultant ease of registration in all areas. Any use of technology is to be welcomed. Part 2 states that a register of wills may be maintained in any legible form or any other form capable of being converted into a legible form. This involves using the available technology. It is to be welcomed that a person can be registered from birth and given a PPS number.

I also welcome that there will be a yearly report to the Minister on the effectiveness of the registration of wills. That is important because the register must be updated regularly and constant pressure applied to improve the system. Part 3, section 11, states that no person other than An tArd-Chláraitheoir or another person authorised in that behalf shall be entitled to search the register or an index relating to the register. This is crucial from the point of view of privacy. Making a will is probably the most private thing a person or a couple will do and privacy must be guaranteed. For births, deaths and marriages the issue of privacy must be kept to the fore.

I welcome the Bill and congratulate Senator Leyden on its introduction. It is a modern, effective piece of legislation. It is a short Bill but an important one and should be given full consideration. I wish it well throughout the process.