The Gazette 1989

A pril 1989

GAZETTE

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A ^ F T T P " INCORPORATE D f l / L I

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L LAW SOCIET Y I r 0F R AND I

In this Issue

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Vol.83No.6June 1

Viewpoint

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Summary Judgment on foot of an Architect's Certificate — a conflict resolved? From the President Practice Notes Social Welfare Appeals System Unit Linked Funds Minutes of Half Yearly Meeting People and Places Reservation of Title Younger Members News Book Reviews Correspondence Professional Information — *

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Viewpoint The Legal profession are constantly being made aware of the difficulties caused by clients who do not make Wills. An even greater problem can occur where a Will is made but then lost. If Wills had to be registered then the exact location of the Will would never be in doubt. The creation of a Wills Register is a reform which is long overdue in Irish Law. A requirement that all Wills be lodged in a Wills Registry within a certain given time after being made would help address the difficulties which can arise. One of the main objections to a Wills Registry is that the privacy of the individual may be infringed. This need not be the case. It would be possible to ensure that Wills could only be inspected by the Testator during his lifetime or pro- duced to his Executor on the evidence of a death certificate. Under such a scheme Solicitors would still, of course, keep a copy of the Will so they would be in a position to advise the client on its contents and the necessity for updating it. The Registry would simply eliminate the difficulties which can arise when the location of a Will is in doubt or there is a query as to whether any Will was actually made. It is interesting to note that the Registry of Deeds was originally conceived as a Registry of Deeds and Wills. However, registering of Wills never took off, perhaps due to fears over confidentiality.

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Another practical problem which can arise when someone dies is locating their assets. This is particularly so when money might have been discreetly put away as security against a "rainy day". Frequently the spouse or children will have been too polite to ask the deceased what he actually did with his savings. Deposit books, prize bond receipts and insurance policies are frequently found in an old brown envelope in the bottom drawer. But if the deceased was more creative and imaginative, these valuable documents may be lost forever and the funds remain unclaimed. The Law Society has tried to deal with this problem by providing solicitors with a form of Asset Register for their clients. This form is completed by the person making the Will and then left in a safe place with the original Will so that the Executor will have a list of his possessions. The only problem with the Asset Register is that, to be of any value, it does have to be updated frequently. These two practical problems of lost Wills and lost Assets could be overcome with a correct procedure being set up as part of a nationwide Wills Registry System but this can only come about when the public overcome their fear of Wills in general. It is surprising in this day and age that still 50% of those people who need to make Wills fail to do so. •

Cover Photo: Ernest J. Margetson, Senior Vice President of the Law Society (left) with Mr. Peter Prost, Managing Director of Sedgwick Dineen Personal Financial Management. * Executive Editor: Mary Gaynor Committee: Geraldine Clarke, Chairman Eamonn G. Hall, Vice-Chairman John F. Buckley Gary Byrne Patrick McMahon Charles R. M. Meredith Advertising: Seán Ó hOisín. Telephone: 305236 307860 Printing: Turner's Printing Co. Ltd., Longford. * The views expressed in this publication, save where otherwise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7. Tel.: 7 1 0 7 1 1. Telex: 31 219. Fax: 7 1 0 7 0 4. Daire Murphy John Schutte

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