Seanad debates

Wednesday, 9 November 2005

Registration of Wills Bill 2005: Second Stage.

 

4:00 pm

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail)

I thank Senator Kitt for sharing his time and I welcome the Minister of State to the House. I wonder if the offer of cut-price wills for the duration of a week in Senator Kitt's diocese might extend to other areas. We may all be travelling to Senator Kitt's area otherwise, as it appears to be a great idea.

I compliment Senator Leyden on tabling this Bill. Many of us are probably kicking ourselves, wondering why we did not think of it because of its relevance and importance. Senator Leyden initiated the idea and put much time and research into it. He spoke to many people within the Houses, in the legal profession and in the general public. The Bill has been exceptionally well researched, and many questions that may arise on issues such as confidentiality have been examined in great depth. Senator Leyden has been able to allay many fears about the Bill and I commend him on doing an exceptional job. We are particularly proud that the Bill is with us in the Seanad, and that a Senator initiated it.

There is no doubt that a most traumatic time for people is when they experience a death. This is particularly true if the death is sudden. There is a period of time when people do not focus on the realities of life, and it can be some months later before people think of the matters of property, legacies, wills, etc. Most people do not know where to start, although it may be possible if they know the deceased was a client of a particular solicitor. In that case, information may be sought. However, that would not happen in the majority of cases, as they do not necessarily have any paper trail.

People tend to be sensitive about these types of issues and tend not to publicise difficulties that are experienced or ask questions. Several months may pass before any guidance is received and even then it may be difficult to start the process. One does not even have to go to a solicitor to make a will, as it can be made privately or a format for a will can be bought. As a result, such a document could be anywhere, not even necessarily where the deceased had lived.

We have all heard many unfortunate case histories involving the courts and the media, thus increasing trauma. Many families have been divided for generations because of difficulties and differences, or worse still, suspicions and innuendo arising from an inadequacy. Everyone is aware of difficulties of this type in every community. I am pleased that the legal profession is mainly welcoming the registration of wills, as it is particularly important. The Bill would provide a location where information can be sought. The contents of a will will not be available to everyone, but it is important that one will know where to start.

I have no doubt this Bill will be enacted. I hope it will be well publicised and advertised. Having the legislation is a major step forward, but it is important that it is highlighted among the public. Senator Kitt mentioned the concept of making of a will, which is an extension of the concern Senator Leyden has taken on board in initiating this legislation. This concern goes hand in hand with this legislation, as many people have not made a will. It may not have entered these people's minds or they may not be aware of the advantages and disadvantages. It is important to highlight the necessity of making a will. Senator Kitt's comments may be an aside from the central debate, but he is to be commended for publicising the issue. If the new legislation can be used as a vehicle for highlighting the ways and means of encouraging people to consider making a will, it is important to do so.

Senator Leyden has done a great job for the Seanad, the Houses of the Oireachtas as a whole and, more importantly, the general public. I understand why the legal profession welcomes this Bill, as it must have experienced significant difficulties through the years involving people attempting to get their affairs in order. That profession would also have experienced difficulty in being certain that the wishes of the deceased were being honoured and complied with. Senator Leyden is to be congratulated. I hope the Bill will be passed expeditiously by both Houses so we can look forward to it being enacted without any great delay.

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