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)

The reason for no presumption or evidential basis is so that the law of succession is not amended. The purpose of registration is so that mislaid wills may be found. The register is meant to be an aid to finding mislaid wills. That is the fundamental issue. A Council of Europe recommendation exists in this regard but it has not been ratified by the State. It promoted the idea of a Europe-wide registration system. Few countries have registration systems.

I am most grateful to the Minister of State, Deputy Brian Lenihan, and the General Register Office for their views in this regard. They have a responsibility and expertise in this area. I suggested the Probate Office as a possible vehicle for the registration system. The Land Registry is another possible vehicle for a registration system. I am concerned about the overall principle. The filing arrangements are matters that can be decided should the Bill reach Dáil Éireann. I am open to re-examining the location of such a depository. I was initially attracted to the Probate Office being the location, although not all Bills are probated.

The public's attention has been drawn to the need for wills. I thank Senator Kitt for his suggestion re a wills week. I must confess that I have not made a will. The reason I have not done so is that there is no central register——

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