Seanad debates

Wednesday, 4 December 2019

Civil Law (Costs in Probate Matters) Bill 2017: Committee Stage

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

-----the costs are most excessive. Recently, I had a look at the new complaints regime, complaints in respect of legal issues now being under the jurisdiction of the Legal Services Regulatory Authority. The complaints are made by members of the public who are exercised and are often not happy with the delivery of service from their legal advisers. I eagerly await the confirmation in the form of the first report that will be given to me by the authority. It seems to me the trends are such that most complaints now are in the area of the administration of estates in probate and the distribution of an estate in accordance with the will and wishes of a deceased person or an administration in the event of there not being a last will and testament. That is a matter of concern. I merely flag it now in the course of this debate. I eagerly await the confirmation in the form of the first report from the Legal Services Regulatory Authority. If the trends are borne out, then I believe it is something that we may wish to turn to, and I will rely on the support of Senator McDowell and others in this House if the level of complaints and dissatisfaction is such that action is required.

Senator McDowell mentioned the trend towards the making of a will in writing, the documentation of a person's will and wishes. He mentioned that in the 18th and 19th centuries, circumstances were often different. I wish to merely mention in passing if you allow me, Acting Chairman, an issue I wish to explore myself and on which I seek the support of learned Senators, namely, the last will and testament of the great Irish patriot, Henry Grattan.His wishes, in the form of his testament and will, were not complied with. Henry Grattan, who led the charge in the House of Commons against the Act of Union introduced by William Pitt, died of an illness in the summer of 1820 in close proximity to the House of Commons. His friends decided that his passing merited a big funeral and that he should be buried in the grounds of Westminster Abbey. He was buried within the confines of the abbey even though his last will and testament ordained that he be buried in Queen's County, now County Laois, in my own constituency. Even though he was buried in 1820, it is not too late to see how we could best comply-----

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