Victor Boyhan (Independent) | Oireachtas source

I will be brief and to the point. I was very happy to sign my name to this legislation as there is much merit in the Bill. It is not the intention of any of the proposers of the Bill to in any way dull or limit the potential of any citizen to litigate with respect to a will. It is a right that people have clearly set out in the Succession Act in the administration of probate. People have the right to litigate, which is very important. If people are unsuccessful in their challenge to an estate, somebody must pay for it. We are speaking in particular about small estates and I have seen and heard about such small estates where the money has dwindled away between the lawyers and litigation, leaving poor folks with nothing. That is unacceptable. I am mindful of a case in County Cork of an illegitimate child - I do not wish to keep getting back to Cork - but that person suffered an ordeal trying to chase a small 15 acre holding in Dunmanway, that lovely little part of the world. That person went through all the litigation to try to get some sort of inheritance from his mother, who always wanted to make contact with her boy who was stuck in Dublin. In the end, it was all lost through litigation. It was sad but things have moved on since.

It is important that we note that the Bill aims to reform the law with respect to the liability of unsuccessful parties to pay the costs of certain civil actions connected with them and in challenging the validity of a will. It is the kernel of this legislation. It is simple, appropriate and important. I welcome the Minister and I look forward to hearing what he has to say. The real kernel of this is we do not want to in any way dull people's ability to make a challenge through the courts and the legal process, if necessary. If they are unsuccessful, they should have to pay some, if not all, of the costs. We cannot allow estates to dwindle because of litigation, much of which is vexatious or arises from other motives. It is an important piece of legislation and I hope we will get support across the House.