Dáil Éireann Debate, Thursday - 7 February 2013
126. Deputy John O'Mahony asked the Minister for Justice and Equality if there is a national database to record the last will and testament made or if there any plans to establish same; and if he will make a statement on the matter. [6472/13]
View answerThe position is that the views of the Law Society on the desirability of establishing a registration of wills system were sought in 2005. The Society's Probate, Administration and Trusts Committee subsequently informed my Department that it did not favour the establishment of such a system for a number of reasons. Firstly, since the registration of wills would be voluntary, there might be very limited usage of such a service. Secondly, even where a will was registered, such registration would not guarantee the validity of the will if the statutory requirements in relation to signature, witnesses etc. had not been complied with, or if the will had been made under conditions of duress or undue influence. Moreover, there could be no guarantee that a registered will was in fact the final will of the testator concerned. In light of the foregoing, it is unlikely that any initiative to establish a system for registering wills in this jurisdiction would command the required level of support and involvement of the legal profession.
