Seanad debates

Wednesday, 14 December 2016

Registration of Wills Bill 2016: Second Stage

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I rise to commend Senator Leyden on bringing forward the Bill. I recognise that a very important principle has been established and set out therein, which I will support on Second Stage. There is strong value in encouraging the registration of wills, in terms of ensuring there is a paper trail, which is of such importance to families. I concur with Senator O'Reilly that it might be very important to locate wills along with information on births, marriages and deaths. As I understand it, this is simply an arrow that will provide people with a route to know where they might locate a will. It would not compromise in any way the content of the will. Neither is it simply an issue of property because it is an issue of family history as well. It is one of the routes by which families in the past have been able to trace their records.Another additional benefit is that it could send a message that registering a will is important. A significant concern was identified by Senator Leyden, namely, that many people do not make wills. In Ireland quite a number of people do not make wills at all. This brings the making of wills into the mainstream and they will become one of the pieces of paper one is expected to file.

I have some questions on the operation of the system. I would like to hear more about that and debate the issue on Committee Stage. I have the same concerns that others have expressed, in that where there is a last will and testament, circumstances may not allow for another will to be made and appropriately registered such as, for example, in the case of a person who is in the very late stages of an illness.

The question of which will takes precedence may be a separate question but could be teased out. I am also conscious, as Senator Leyden said, that we have a precedent of having a register of wills in some form in many European countries. I worked on the Parliamentary Assembly of the Council of Europe with Senator Leyden and I am sure he will be aware of the other models. The Government might constructively consider the models in other European countries with similar registers. I am sure as legislators we can find the very best model for Ireland, and that the Senator will be interested in working with people to find the model that will work.

I look forward to Committee Stage of the Bill. I commend it and will support it on Second Stage.

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