Seanad debates

Wednesday, 6 October 2021

Registration of Wills Bill 2021: Second Stage

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

This Bill had a great deal of scrutiny in the previous Oireachtas. The proposed legislation was championed by former Senator, Terry Leyden. It is an example of good faith legislation and an attempt to improve the lives and deaths of people, and to make those processes better. It has been subject to detailed debate and scrutiny. I have no doubt that it will be subject to further debate and scrutiny, including in the other House.

There are provisions that could be tweaked slightly such as the re-registering of new and subsequent wills, and the question of changes to appointed persons. The core of the Bill, however, is a massive step forward. It is about establishing a register of wills and having a place that people can go.

Another former Senator, Marie-Louise O'Donnell, produced a detailed report on bereavement and how we engage with that in Ireland, and the lack of supports and proper engagement. We are aware that sometimes people do not know how to deal with this area until they have to deal with it. The idea of having a register of wills and having clarity is important. It is a step forward. It will make family relationships and succession easier and clearer. It will reduce the number of cases where properties remain in limbo and in dispute for periods, which is one of the sources of the vacant properties issue we face. It may be a small reason but it is one. The Bill is a step forward.

I acknowledge Senator Kyne's frustrations regarding a particular office. If there are frustrations around implementation or practice in particular offices, it is appropriate that this would be addressed. I encourage the Government to address those practice issues. We cannot afford to be cynical or allow this to have any kind of setback in our ambition for the legislation. Legislation is what we produce. We produce good legislation. The delivery and administration of the legislation is one area of follow-up. This is where Departments must play a strong role in ensuring appropriate delivery and follow-up.

I support the Bill and we should not delay it. The Bill will address the issue of people postponing the making of wills. We should not postpone the legislation on the establishment of a registry for wills. We should not display the same kind of behaviour, where we are push it further down the line and wait for the right moment when we are sure of everything before we commence the process of creating a register of wills, just as we do not want people to employ those same kinds of logic in their own decision to commence the process of making a will.

I support the Bill moving forward. I urge the Government not to seek a nine-month delay. There will be other opportunities. This is a Private Member's Bill and the time slots for it are dependent, to a large degree, on the limited slots available for Private Member's business. It is not going to rocket through the Oireachtas at a pace that will not allow for proper scrutiny. There will be time for proper scrutiny and amendment if that is required. I encourage that the Bill be supported to move forward without a nine-month stay.

I also endorse the proposal from Senator O'Reilly on the legacy requests. That is a financial matter with regard to tax so I am conscious that we would not be able to address this by amendment. Perhaps this issue could be addressed in the finance Bill when it comes through this House. It would be a good idea to abolish VAT on legacy donations to charitable institutions.

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