Seanad debates

Wednesday, 14 December 2016

Registration of Wills Bill 2016: Second Stage

 

10:30 am

Photo of Catherine ArdaghCatherine Ardagh (Fianna Fail) | Oireachtas source

I thank the Minister for coming to the House again. I congratulate Senator Leyden for bringing the Bill to the House. He has worked tirelessly on it for many years. As other Members have stated, I would like to congratulate him and commend his perseverance.

It is a great idea. I am still involved in a solicitors' practice and we often receive e-mails from the Law Society or see notices in the gazette looking for wills. It appears as though a lot of mystery is involved when people go to a solicitors' practice. As Senator Mulherin said, they get a bit scared. This Bill would take away any mystery and make the legal profession a little more open.

It would provide a lot of comfort to the public. When people come to my office to make a will, they ask what happens next and I tell them I keep the will on file. If registration was introduced, an online process may be a little easier for practitioners and less cumbersome than a paper registration.

When a loved one dies it is a time of distress and trauma for families, and the registering of a will would ease any burden and difficulty.It would not disbar the admissibility of wills made at the last minute. It would merely be like another cupboard in which one goes looking for a will. As such, one could collect any information available. I presume many wills would be able to be registered and that the closest in time would ultimately be brought to the Probate Office.

We are all giving our own little piece of legal advice. I note that if anyone is making a will at home, he or she should ensure no one named as a beneficiary witnesses it as that would make it null and void. Ultimately, having many wills will not have that effect. This is a great idea and I hope any small adjustment needed can be made on Committee Stage. I look forward to hearing what the Law Society of Ireland has to state. I have read some of its comments and some of its concerns could be addressed with easy answers. It is not as complex as it is making out. It would merely be a simple register which would allow people to look at wills. It would not, as Senator Catherine Noone said, be a depository of actual wills. The Probate Office would have the ultimate say on the admissibility of a will. I welcome the Bill which I am happy to support.

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