The Gazette 1979

GAZETTE

SEPTEMBER 1979

Correspondence re: CIVIL LIABILITY ACT Sir,

register in the repository it would be a simple matter for the solicitors to withdraw a copy will and substitute therefor a copy of the new will (if any). Nor would secrecy b? breached since copy wills would be kept in properly sealed envelopes. The Probate Officer's letter breaks down the 1978 and 1979 applications. In all the cases cited, production, from some such official repository as is suggested, of a photo- copy of the will in question would surely be of assistance to the Probate Judge when considering the application. Doubtless snags can be found in this suggestion but in view of the increasing number of Lost Will cases illus- trated by the Probate Officer — not to mention the con- cern of solicitors whose offices may have been burgled or gone on fire — some such system would be at least a help in such fatalities. Yours truly, C. P. Crowley. C. P. Crowley & Co., Solicitors, 9 Eyre Square, Galway. 27 November 1979.

I wish to write to you in connection with the Civil Liability Act of 1961 and in particular that part of the Act which deals with fatal injuries. Nowadays with the growth of commerce in Ireland, there has been an increasing number of deaths in industrial life. In addition to this, there have been a growing number of deaths on our roads. Among the deaths on our roads, there have been an increasing number of deaths affecting children up to the age of 21. According to the Civil Liability Act, 1961, the amount of damages which a judge or jury may award to the dependants of the deceased is limited to £1,000 in relation to mental distress. In my opinion, this figure of £1,000 has not kept pace with inflation and you will appreciate that this Act has been on the books since 1961 and the amount has never been increased to date. I would suggest to the Government and to the Law Reform Commission that the amount of £1,000 which is presently being awarded by the Courts is totally unrealistic in the present age and should be increased as soon as possible to at least £10,000. The position is this, that under the present Act if a young child of say, 12 years of age is killed on the motor- way, the amount which the next of kin can claim is the sum of £1,000 towards mental distress plus funeral expenses and other small incidentals. One could argue that the parents' loss in terms of money, time, care and love could easily be measured in the sum of £12,000. Accordingly, until such time as the Act is properly amended I would suggest to parents that they adequately insure their children; otherwise, if any of their children are killed in a road accident, they could suffer a very large loss indeed. Yours faithfully, John J. Madigan. 6 Woodlawn Crescent, Churchtown, Dublin 14. 20 November 1979. Dear Sir, With reference to the Probate Officer's letter in the October Gazette would it be an idea to establish (either in the Probate office or in Blackhall Place) a repository for copy wills? The procedure would simply be that, having drawn a will, the solicitor would place a photocopy in a sealed envelope and send it to the repository, retaining the original in his own strong room, safe or whatever. The purpose of the exercise would be that, should the original will be inadvertently destroyed, lost, stolen, or in some other way become permanently mislaid, proof of the will would at least be facilitated. Revocation of wills, or addition of codicils, would not necessarily pose any problems. Given an adequate re: LOSS OF WILLS

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