Seanad debates

Wednesday, 14 December 2016

Registration of Wills Bill 2016: Second Stage

 

10:30 am

Photo of Joe O'ReillyJoe O'Reilly (Fine Gael) | Oireachtas source

The Bill is a good one in principle. It is a very good idea that when a will is made that it would be registered without the contents of the will being in any way revealed. I know Senator Leyden is not suggesting that, but the fact that a will exists should be registered. That is right because it would prevent the will being lost and all the trauma the Senator described of a relative coming across a second will later. The final will and testament of a person, if he or she is of fit mind and testamentary condition, if one likes, is the operative document, but the Bill does not suggest that is not the case.

The purpose of the Bill is for wills to be registered. It is administratively simple and efficacious. It is the right thing to do and it will ensure wills do not go missing, avoid trauma and assist everyone. Senator Leyden described the situation very well in terms of births, marriages and deaths. A will could be discovered when death certificates are sought. That would stop much pain and searching, a lot of cumbersome effort, when people do not know which solicitor is involved and they must go to various solicitors with whom the deceased person has had dealings.

The Bill arises from Senator Leyden's vast experience as a public representative and his interaction with people who have had such a difficulty. It is a very intelligent response to that difficulty and I congratulate him on it. It is right to register wills and it is the right mechanism to do it along with births, marriages and deaths in the General Register Office in order that they are all under the one roof. When one hears the Bill described and explained, one wonders why it has not been done in the past. It is the right thing to do.

I do not have anything further to contribute to the debate nor do I have time to so do. I merely rise to congratulate my colleague on his initiative and wish it well. I will participate in the debate on Committee Stage and listen to other views at that Stage when we will all be participating. On Second Stage all that is necessary is to accept or reject the principle and the fundamental idea is a good one.

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