Seanad debates
Thursday, 29 November 2012
Order of Business (Resumed)
10:40 am
Terry Leyden (Fianna Fail) | Oireachtas source
Viva España!It would be timely for the Leader to consider allowing time for the continuation of consideration of the Registration of Wills Bill 2011, which I brought forward. The case of Heather Perrin, a former judge who is now serving two and a half years in prison brings this to mind. Ms Perrin, when practising as a solicitor, was responsible for a will that was defective and was to benefit her family. We know the case very well.
When I raised the issue of the registration of wills I predicted such an occurrence. This is not the first time a solicitor has benefitted from a will and it will not be the last. I recommend to everyone to check their will, find out where it is and who the beneficiary is, just in case.
When I was preparing the Bill a letter was sent by the former Minister for Justice, Equality and Law Reform, Dermot Ahern, to the former Chief Whip, Pat Carey, in September 2009. The Minister said:
I should add that the views of the Law Society of Ireland on the desirability of establishing a registration of wills system were sought in 2005. The society's probate administration and trust committee subsequently notified my Department that they were opposed to the Bill on a number of grounds, both in terms of day to day implementation of its provisions and because it would infringe certain legal principles.Now we know why the Law Society of Ireland was opposed to the Registration of Wills Bill. Now we know there have been difficulties and maladministration.
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