Catherine Noone (Fine Gael) | Oireachtas source

That is of concern. It is worth considering what the Bill as presented today would achieve. It is intended to address situations where wills are lost, where a person has changed solicitor or families think there is a will but it cannot be located. That is a very good idea. I support the general principle of the Bill.

The new section which was inserted in 2011 was to address the deficiencies brought to attention during the passage of the 2005 Bill through the Seanad. However, it is difficult to see how the new provision addresses those concerns. It merely underlines the deficiencies of the Bill.

There would be no evidential basis for a register of wills, as proposed. Registration would not provide assurance that the will registered actually exists or is valid, or that the registered will is the last will of a person, or that it had been revoked, amended or superseded.

The Probate Office deals with wills, once executed, and grants of probate are published in due course. One could argue that any voluntary register should be managed by that office. There would be cost and operational implications for the GRO, which we must consider, and perhaps that could be considered in the committee. Also, since the proposed scheme, as currently set out, would be unlikely to have the support of the Law Society of Ireland, it is likely that a relatively small number of wills would be registered if solicitors do not buy into the process. However, the crucial point has to be what the Bill would deliver for citizens. Would this Bill provide certainty where people die, apparently intestate, where the existence of a will is disputed or where wills are apparently lost? What benefit would it offer where a person could make any number of new wills or codicils without registering

The idea is a very good one. I admire Senator Leyden's perseverance. Perhaps the Minister will allow the Bill to go on to the next Stage. I would be supportive of that. I commend Senator Leyden and the other Senators on the Bill.