Written answers

Thursday, 21 July 2011

Department of Justice, Equality and Defence

Legal Services

7:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 517: To ask the Minister for Justice and Equality if he will report on the regulation of the writing of wills here; his views on the training that solicitors receive in the writing of wills, in view of the recent report in the UK by the Legal Services Consumer Panel on the will-writing market which found that 25% of wills drawn up in the study had serious legal defects even when written by a solicitor; and if he will make a statement on the matter. [22160/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Under our law as it stands sections 77 and 78 of the Succession Act 1965 deal with the requirements for a valid will. A will need not be in any special form but it must comply with the provisions of those sections. There is no legal requirement for a will to be drawn up by a solicitor but in practice, given the importance of the matter, many persons making a will consult a solicitor.

While no representations have been made to my Department to suggest that operation of the law in this area is unsatisfactory my Department will, of course, continue to review its operation.

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