Noel Grealish
Ceist:2421. Deputy Noel Grealish asked the Minister for Employment Affairs and Social Protection the status of the Registration of Wills Bill 2016; and if she will make a statement on the matter. [32557/18]
Amharc ar fhreagraTuesday, 24 July 2018
Ceisteanna (2421)
Freagraí scríofa
The Registration of Wills Bill 2016 is a Private Members Bill which is sponsored by Senators Terry Leyden, Catherine Ardagh and Lorraine Clifford-Lee.
The intention of the Bill is to provide for a scheme of registration of wills in order to allow persons register the fact that they have made a will and the whereabouts of the will. The Bill passed Second Stage in the Seanad on 14 December 2016. I have no information regarding a possible date for Committee Stage – that is a scheduling matter for the Seanad.
While the Government did not oppose the Bill, during this Second Stage speech, my predecessor, An Taoiseach Leo Varadkar T.D. pointed out that there are a number of issues about the Bill which would need to be addressed. In particular, he referred to the fact that, in 2006, the Law Society expressed concerns about the day-to-day practical implementation of a similar Bill. They pointed out that as the proposed registration is to be voluntary, it would have limited effect in remedying some existing deficiencies. They also indicated that registration does not guarantee that the registered will is the last will. The most the proposed registration system could achieve would be to confirm that a particular will was registered on a particular day. Furthermore, registration is not proof of validity; to be valid, a will must comply with statutory requirements.
I have written to my colleague Charlie Flanagan T.D., Minister for Justice and Equality, asking that his officials seek the view of the Law Society in relation to the current Bill and I look forward to receiving those views.