Michelle Mulherin (Fine Gael) | Oireachtas source

Senator Leyden has put forward a very practical proposition, namely, the idea that wills should be registered. Having practised as a solicitor for 16 years in a general practice, I drew up a lot of wills and administered a lot of estates. Bearing that in mind, I feel registering wills should be mandatory because otherwise people will run into difficulties.

People can make wills very simply. Many people are anxious about the process, especially older people. People associate the making of wills with the ending of one's life, and sometimes younger couples are more prepared to write a will than those who are older. It is a very simple and relatively cheap process. It puts one's affairs in order. Most wills are not complex as they do not require trusts to be established and so on. The making of wills should be encouraged.

There are times when a person attends different solicitors in different towns and makes different wills. One solicitor may register a will but another may not. In order to give effect to the intent of the Bill, which is that people know about wills, it would have to be mandatory to register wills. In order for a will to be formalised, it has to comply with certain legalities. For example, it could be a requirement that wills are registered within a month. Of course, people can make wills on their death beds and there would have to be provision to allow for such a flexibility.

All in all, it is a very good idea and provides a good opportunity to encourage people to make wills. Some 70% of people do not make a will. Sometimes people are scared about going to a solicitor's office and think they will have to spend a lot of money, but that is not always the case. One can ask what the cost will be. From my experience, it is not expensive compared to many other legal services that are provided. It provides peace of mind. Aside from knowing how to deal with one's property, one can set out one's wishes about things that may be in doubt, such as where one wants to be buried. One can have a will registered and forget about it.

I hope the kernel of what the Senator is suggesting can be taken on board and that we can move on it. It would be an improvement for probate. People could rest assured that when a person dies another will is not in place and one does not override another.

Some people do not realise that when one gets married a will is no longer effective. People who get married need to make another will. Those who are remarrying need to make a second will. Many colleagues in the Chamber can also add to my advice. I am happy to support the tenor of the Bill and look forward to the response of the Minister in terms of what he can do in accommodating the concerns that have been raised about the efficacy of the Bill.