Seanad debates

Thursday, 9 November 2006

Land and Conveyancing Law Reform Bill 2006: Committee Stage

 

3:00 am

Photo of Joanna TuffyJoanna Tuffy (Labour)

I appreciate the seriousness of signing a conveyancing deed. I always understood that two people had to be present to witness the making of a will and that there were strict rules surrounding an affidavit. Senator Jim Walsh is right and let us call a spade a spade. There is possibly a practice where a person signs deeds and the solicitor, who is not in the office at the time, witnesses it afterwards knowing it is that person's signature. Obviously, it is very different from a will because there are issues of affidavits with a will. It is quite serious if someone makes a will but a witness states he or she was not present at the time of the signing of the will and that he or she came in afterwards. That would be a major issue. In practice, a conveyancing deed was seen as slightly different and I am concerned. If this provision brings a stricter element into the situation, it is important solicitors are aware of it.

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