Catherine Noone (Fine Gael) | Oireachtas source

I welcome the Minister to the House and commend Senator Leyden on his perseverance with the Bill. It is worth pointing out that the Bill would not go straight to the next Stage but would go to the committee and at that stage, Senator Leyden would have the opportunity for the Law Society of Ireland and other interest groups to make their input. This version of the Registration of Wills Bill has been introduced twice previously by Senator Leyden in 2006 and 2011, and has been opposed on both occasions. The Bill proposes making a voluntary register of wills, which in itself is a good idea and one which I support. It is not a depository of wills to be administered by the General Register Office, GRO. The register would contain details of the testator and custodian of the will.

The Bill was considered in detail in 2006 by the Department of Health and Children. As Senator Leyden outlined, the then Minister of State, Brian Lenihan, met with him and went through the legal issues and his reasons for opposing the Bill at that time. While the idea is a very good one in principle, we need to make sure that it is done properly. I am supportive of the Bill going to the next Stage, and I hope the Minister will be also.

Senator Leyden was not listening when I made the point earlier that the Bill will go to committee, because that must happen, and at that stage, the Law Society of Ireland and other interested parties could make their input. Some legitimate concerns exist that the Bill as currently formulated would not achieve any certainty about the existence of a valid will. The right of a person to make a subsequent unregistered will or codicil remains. Registration per secould not be used in evidence and could bring the GRO into disrepute. Moreover, in 2006 the Bill was opposed by the Law Society of Ireland. Furthermore, there are also issues about the parent Department or organisation, costs, staffing, training and systems.