Seanad debates

Wednesday, 13 December 2006

Registration of Wills Bill 2006: Committee and Remaining Stages

 

4:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

This is not my Bill. The Bill is being promoted by Senator Leyden and it is not incumbent on me to provide interpretations in respect of it. Where the Senator uses the word "will" in the first part of his amendment, it clearly means a will in accordance with Irish law. That is how it will be construed. A will is identified as being such under the Succession Act 1965, as amended. There is nothing in the Bill to stop an Irish person abroad who has executed a valid will in Ireland under the Succession Act from registering it. To that extent, the first part of the amendment is superfluous.

The second part of the amendment seems to envisage a will being executed by an Irish citizen abroad under the laws of another country. It could be dangerous for such a will to be registered because it falls to be determined in accordance with the law of the jurisdiction in which it is executed.

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