Civil partnership converted to marriage

Trusts Discussion
1

Where a client has made a will after CP but before marriage, will the marriage revoke it?

  • Will was not made in contemplation.

Balkrishna Patel
Stennett & Stennett

2

Wills Act 1837

18 Wills to be revoked by marriage, except in certain cases.

(1) Subject to subsections (2) to [F2http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/18#commentary-key-c13bb6b51c1f786a18f9167dded45ce6(5)] below, a will shall be revoked by the testator’s marriage.

(2)A disposition in a will in exercise of a power of appointment shall take effect notwithstanding the testator’s subsequent marriage unless the property so appointed would in default of appointment pass to his personal representatives.

(3)Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person.

(4)Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that a disposition in the will should not be revoked by his marriage to that person,—

(a)that disposition shall take effect notwithstanding the marriage; and

(b)any other disposition in the will shall take effect also, unless it appears from the will that the testator intended the disposition to be revoked by the marriage.

[F3http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/18#commentary-key-be8d2eee10db8c2372af15273ddf24b9(5)Nothing in this section applies in the case of a marriage which results from—

(a)the conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; or

(b)the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—

(i)the Marriage (Scotland) Act 1977;

(ii)the Marriage and Civil Partnership (Scotland) Act 2014; or

(iii)any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014.]]

Leslie Emilie Tuck
Mewies Solicitors

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