Seanad debates

Wednesday, 13 December 2006

Registration of Wills Bill 2006: Committee and Remaining Stages

 

4:00 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

We are all new to this procedure, in respect of which there is no precedent. I am glad the Minister of State and the Registrar General are present because it creates an awareness that there is no register of wills.

The first matter I should clarify is that wills will not be deposited at a central location. There is no possibility that the contents of wills will be disclosed to outside parties. The existence of a will will arise when the person who made it dies and his or her death is registered at the Central Registry Office in Roscommon or Dublin. TheRegistrar General's office is located in Roscommon.

As Senator Tuffy, who is a solicitor by trade, is aware, when it is published, the Law Society Gazette contains numerous advertisement seeking information on the existence of particular wills. At present, solicitors are obliged to search throughout the State for wills. People's mobility is making it more difficult to carry out such searches. In the past, a local solicitor would, when a person died, contact the members of the family and inform them that a will had been made. I have come across numerous cases where a will could not be found. That is the greatest difficulty people encounter.

Disclosure of the details of a will will not arise. Only a person with a valid death certificate can request information in respect of whether a will was made. If the Bill is passed, it will not be possible to release such information before the person who makes a will has died.

Since the Bill was introduced, I have discovered that many solicitors would be delighted if a central register of wills was established. I acknowledge that Senator Tuffy is trying to improve the Bill and I have no reservations about accepting amendments. In this instance, however, the amendment is not necessary.

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