Rónán Mullen (Independent) | Oireachtas source

It is the same kind of argument presented when we are told that certain proposals might have unforeseen consequences. If there is a system for the voluntary registration of wills, the public will be informed of what that means and what it does not. As I understand it, it will not mean that there may not be some other will or codicil in existence. A registered will would not necessarily not defeat any other will or codicil. People should not be led to believe that the registration of a will automatically means that that will is valid. However, the Bill would make life easier. Under the current system, solicitors doing probate must advertise, write to myriad other solicitors within the region and so on. A registry of wills will be an important and valuable first step in establishing whether there is a will in existence. That is why Senator Leyden's initiative is timely and to be welcomed.

The Government makes no strong argument other than to acknowledge the existence of the Council of Europe convention on the establishment of a scheme of registration of wills. Its best argument seems to be that Ireland has not ratified that convention, but that is no kind of public policy argument. The fact that such a convention exists bears out that Senator Leyden is not engaging in some frolic to attract a headline but, rather, is crafting good public policy of a kind that has already been envisaged in other jurisdictions. If it wishes to oppose the Bill, the Government should put forward a better argument than those it has advanced today. The Bill should pass. It will not be the end of the matter. It is important that we hear from various stakeholders such as the Law Society probate administration and trusts committee during the passage of the Bill through the Dáil. Its passage through the Seanad would advance a positive end effect and I hope it will so pass.