Charles Flanagan (Laois, Fine Gael) | Oireachtas source

In amendment No. 37, I am proposing to delete the words "being administered by the person who applied under section 5". This is because section 6 requires the applicant to effect a policy of insurance in respect of any claim which might arise from a variation order. It further provides that the insurance premium should be a charge on the estate of the missing person. The amendment proposes the deletion of text which presumes that the applicant for a presumption of death order would always be the person charged with administering the estate, as such a presumption would not always be correct. For example, a will might make specific reference to a named person to act as executor and that would not necessarily be the applicant in all cases. I expect that Senators Colm Burke, Marie-Louise O'Donnell and Lynn Ruane, as the proposers, would accept what I am saying and allow for these circumstances should they pertain.