asked the Minister for Justice whether he will introduce legislation to compel married men to make adequate provision in their wills for their wives and infant children.
Ceisteanna—Questions. Oral Answers. - Wills Provision for Wives and Children.
12.
Mr. Ryan
The question of the inofficious will is one I have been considering and I hope to have it examined thoroughly in connection with other amendments of the law of succession as soon as time is available. As I stated in the House on the 3rd instant in my opening speech on the Second Stage of the Charities Bill, "we are aware that there are solid arguments for restricting the disposal of his property by a testator at the expense of close relatives". The problem is by no means one to which there is a ready solution: and the examination that I intend to have made will include a comparative study of the different solutions adopted in other legal systems.
We have no evidence that inofficious wills of the type suggested by the Deputy's question are being made to such an extent as to cause concern. By and large, the Irish husband in making his will is more than conscious of his responsibilities to his wife and children. Indeed, it would be wrong to assume or imply that the position is otherwise.
Proposals for a comprehensive Administration of Estates Bill to cover, inter alia, the descent and distribution of property on intestacy are at present under consideration. From the practical point of view, this is of greater importance in this country, where approximately forty-five per cent of people with property to dispose of make no wills. As the Deputy will be aware, a preliminary Act was enacted last year to deal with the procedure as to the devolution of property on death.