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Background
Background
- In 2005 Senator Terry Leyden made history by ensuring the taking in the Seanad of a Private Members’ Bill introduced by a Government Member of the House.
- The Bill was approved unanimously by the Fianna Fáil Senators and the Fianna Fáil parliamentary party at a meeting attended by the Taoiseach, and all Ministers, including the Chief Whip, Deputy Tom Kitt.
- As Minister of State Leyden, he had brought some Bills through the Seanad but they were provided by the Civil Service, they were never Private Members’ Bills. So what happened on Wednesday 9th of November 2005 was historic and set a precedent for legislation.
- In introducing the Bill Senator Leyden asserted it was of universal importance, was not a party political issue and would benefit the majority of people.
- It had come to Senator Leyden’s attention that many people have been deprived of their rightful inheritance by the lack of a will or the inability to find the will of a family member.
- They have been done a great disservice by the State and this Bill is the only way to rectify the situation.
- When Senator Leyden returned to the Oireachtas other cases came to his attention where wills had allegedly been made but not found.
- In 2004, he pointed out how some 5,400 wills were probated in Ireland but more than 28,000 people died. This significant shortfall demonstrates his point — many people do not make wills.
- Many make private wills but these are normally held with their papers and documents.
- The only individuals required to register a will are Catholic clergy. Every Catholic cleric must leave a copy of his will in the possession of the bishop.
- There is no requirement on the solicitors registered in this country who execute and make wills to provide lists that would be held in a central bona fide registry such as the General Register Office in Roscommon.
- At present, a person makes a will with a solicitor who records it in his or her book of wills and the document is held in the legal firm’s safe deposit box. The Law Society Gazette regularly advertises requests for the whereabouts of wills that have been mislaid, are missing or cannot be found. Many people who would otherwise be entitled to inheritances from wills have been deprived.
- Senator Leyden quoted Jack Lemmon, ‘“Death ends a life, not a relationship”. There are pages and pages of people searching for lost wills in the Law Society Gazette in the hope that their loved one made a will. Many people make wills not knowing that sometimes they may not be executed correctly or at all. It is a unique situation where the purchaser of this service has no after-sales come back. We have a responsibility to ensure that citizen’s wishes are honoured and given the proper legal recognition they deserve.
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