Dáil Éireann Debate, Wednesday - 3 May 2023
301. Deputy Jim O'Callaghan asked the Minister for Justice if he has any proposals to amend section 78 of the Succession Act 1965 to ensure that persons who witness wills would be required to identify the time and date of the execution of the will; and if he will make a statement on the matter. [20766/23]
View answerPart VII of the Succession Act 1965 sets out the legal requirements for the making of a valid will and provides robust safeguards in relation to the validity of wills. These requirements are as follows:
• it must be in writing;
• the testator must be over 18 years of age (the testator may be under 18 if he or she is or has been married);
• the testator must be of sound mind;
• the testator must sign or mark the will in the presence of two witnesses;
• the two witnesses must sign the will in the testator's presence;
• the witnesses cannot be beneficiaries of the will;
• the witnesses must see the testator sign the will; and
• the signature of the testator must be at the end of the will.
While legislation is always kept under review, I have no current plans to amend the existing legislation.
