Terry Leyden (Fianna Fail)

I move amendment No. 10:

In page 9, before section 13, but in Part 3, to insert the following new section:

13.—(1) The registration or non-registration of any wills, including codicils, pursuant to this Act shall not be evidence of and shall not provide any presumption of—

(a) the existence or non-existence of any wills, including codicils, whether registered or not registered pursuant to this Act,

(b) the validity or non-validity of any wills, including codicils, whether registered or not registered pursuant to this Act,

(c) the execution or non-execution of any wills, including codicils, whether registered or not registered pursuant to this Act,

(d) the revocation or non-revocation of any wills, including codicils, whether registered or not registered pursuant to this Act,

(e) the revival or non-revival of any wills, including codicils, whether registered or not registered pursuant to this Act,

(f) the republication or non-republication of any wills, including codicils, whether registered or not registered pursuant to this Act, or

(g) any of the particulars entered in the register of wills, specified in the Schedule.

(2) The registration or non-registration of any wills, including codicils, pursuant to this Act shall not be used to consrtue any wills, including codicils, whether registered or not registered pursuant to this Act.".

This amendment provides that the register of wills shall not be used by a court to construe or interpret any wills. This is important to make clear that the purpose of the legislation is to register wills not to change or affect the laws in respect of succession. There is a typographical error in the amendment, the word "consrtue" should be spelt "construe".