Registration of Wills

Most people know the importance of wills in relation to splitting property between children following the death of a parent. However, just because you do not have property does not mean you should not have a will. Once you are a parent having a will cannot be underestimated. The need for you to arrange a legal carer or guardian and to provide for your child’s safety and welfare after your passing must also be considered. Wills are important for your peace of mind, to ensure your wishes are upheld and to ensure everyone is cared for and supported after your timely passing.

Wills are usually kept by the owner of the will itself or the solicitor who drafted it. However, this system is outdated, especially in the modern era. If the solicitor should die the Law Society step in to ensure the safety of the wills. If the records in the office are destroyed by a fire or some other disaster though, it is not so easy. It must be noted that the probate of a will cannot be done using a copy of the will without a court order in exceptional circumstances.

In constant, civil law countries, such as many of the European Member States, have set up general registers, held by the government to record the existence and location of wills and at times the wills themselves. It has also suggested on a number of occasions to set up a register in Ireland both by the EU and prior to that. However, there is little political will to do so. Also, in the modern age, this would be easier to establish with the help of computers and the internet. The lack of a register in Ireland puts us out of step with the EU and hinders the possibility of a cross EU search for wills using linked registers.