Brian Lenihan Jnr (Dublin West, Fianna Fail)

I commend Senator Leyden and his advisers on their industry in the preparation of this legislation. It was my sad duty to indicate to the House the reservations the Government has about the measure. That said, the Bill seeks to address a wider legitimate concern that wills can be lost, removed, stolen, suppressed or interfered with.

Senators mentioned that it is important to make a will. As Senator Tuffy has stressed, the Oireachtas has provided for the distribution of assets in the event that no will is made. Clear rules exist for the distribution of assets on intestacy. Most people are aware that if a person dies with only a spouse and no children surviving, the entire estate vests in the spouse. If a person dies with a spouse and children surviving, two thirds of the estate goes to the spouse and one third is divided among the children. If a person dies without a spouse and with children, the estate is divided equally among the children. Those are simple rules that most people understand. Beyond that simple area of operation the rules become more difficult to understand. It is certainly true that any single person is well advised to draw up a will.

That said, the debate was useful. Concern was raised about succession arrangements generally. Senator Tuffy was very kind in her reference to how the Succession Act 1965 was enacted. It was a consolidating and codifying measure, which introduced many changes in the law of inheritance at the same time. One issue that arose in the debates on the 1965 Act and arose again this evening relates to the privacy and confidentiality which testators wish to have in the execution of their intentions in a will. One of the problems with any system of public registration, which was hinted at in some of the amendments tabled, is that testators want a zone of confidentiality to attach to their operations in this regard, which makes the designation of a public register for these instruments very difficult. I have expressed the views of the Government on the Bill and I thank the House for the attention it has given the measure.