Written answers

Wednesday, 1 November 2006

Department of Justice, Equality and Law Reform

Making of Wills

6:00 am

John Dennehy (Cork South Central, Fianna Fail)
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Question 243: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the percentage of the adult population who have made a will; and his views on a campaign to highlight the importance of making a will. [35412/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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No data are available on the percentage of the adult population that has made a will. However, the 2005 Annual Report of the Courts Service indicates that of the 15,671 applications made to the Probate Office in the year under review 11,328 (72.3%) were in respect of wills having been made and 4,343 (27.7%) were in cases without a will having been made.

The policy of the Succession Act 1965 ensures particular distributions of the estate of a deceased person whether or not a will is made and whether or not there are any children of the deceased. The Legal Aid Board provides a leaflet on the making of a will and the Courts Service provides a leaflet on the service provided by its Probate Office. The contents of both leaflets may be accessed on their respective websites. In addition, the Citizens Information website — provided by Comhairle — gives comprehensive information on the subject.

The Deputy will be aware that solicitors are normally in the best position to advise their clients on the merits of making a will and the need for care in doing so. The Law Society has, on occasion, promoted the case for making a will.

I am satisfied that there are useful avenues of information available on the issue of wills. However, the need to inform persons any further is being kept under review.

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