Registration of wills
Senator Leyden calls for renewed consideration of his Registration of Wills Bill, citing the Heather Perrin case and warning that defective wills can benefit solicitors; the Chair seeks a precise request.
Viva España!It would be timely for the Leader to consider allowing time for the continuation of consideration of the Registration of Wills Bill 2011, which I brought forward. The case of Heather Perrin, a former judge who is now serving two and a half years in prison brings this to mind. Ms Perrin, when practising as a solicitor, was responsible for a will that was defective and was to benefit her family. We know the case very well. When I raised the issue of the registration of wills I predicted such an occurrence. This is not the first time a solicitor has benefitted from a will and it will not be the last. I recommend to everyone to check their will, find out where it is and who the beneficiary is, just in case.
When I was preparing the Bill a letter was sent by the former Minister for Justice, Equality and Law Reform, Dermot Ahern, to the former Chief Whip, Pat Carey, in September 2009. The Minister said:
I should add that the views of the Law Society of Ireland on the desirability of establishing a registration of wills system were sought in 2005. The society's probate administration and trust committee subsequently notified my Department that they were opposed to the Bill on a number of grounds, both in terms of day to day implementation of its provisions and because it would infringe certain legal principles.
Now we know why the Law Society of Ireland was opposed to the Registration of Wills Bill. Now we know there have been difficulties and maladministration.
Comment on this
The Minister for Social Protection turned down the Bill. The previous Seanad, of which the Cathaoirleach was a Member, passed the Bill with the unanimous approval of Fine Gael, the Labour Party, Fianna Fáil and Independent Senators. We now know the difficulties that can arise because we do not have a system of registering wills.
Comment on this
I know who recommended that the particular solicitor be made a judge. I know the name but I will not mention it here because the Cathaoirleach probably knows who the person is. Let us say, the person was probably a member of the Green Party. That is all I can say.
Comment on this
I will say no more. My party was part of that Government, but that is irrelevant.
This is a wake-up call for the people regarding their wills. They should check them out today and make sure the people they want to benefit will do so, and not the solicitor involved in making the will.