Revocation by heterosexual civil partnership


#1

On the basis that it has not yet become statute that heterosexual couples can enter into a civil partnership, can I use the wording …“This will is made expecting to marry or form a civil partnership with X and is not to be revoked by this marriage or this civil partnership taking place”

This on the basis that the clients would like to enter into a CP within the year but would marry instead if it had not become law by then. They are expecting to do one or the other within that time frame. Thanks

Anna-Britt Nicholson
Nicholson Clark


(Rafael Singer) #2

I am also drafting a will along similar terms - the clients do not believe in marriage but are hoping to enter into a CP as soon as it becomes law. As far as I am aware, the legislation in relation to CPs has still not yet been amended to allow for heterosexual partnerships, so can the will essentially refer to this legislation if it is not yet on the books?

Raf Singer
Harvey Associates.


(Paul Saunders) #3

On the basis that one cannot be certain how the change in the law might be effected, I would be reluctant to refer to any particular legislation. I consider the most appropriate way forward is to adopt wording similar to that suggested by Anna-Britt Nicholson (28 December 2018), confirming that the will is not to be revoked by entry into a civil partnership with X.

Paul Saunders


#4

I decided that as the will contemplating the civil partnership was to be signed now and that the likely period before heterosexual partnerships becomes law would be longer than a reasonable period before the CP would eventually take place, then for practical reasons there was no point adding it. That doesn’t really answer the question as to whether you can put something that isn’t law yet or an either/or unfortunately!

Anna-Britt Nicholson
Nicholson Clark


(andrew.goodman) #5

I don’t see any reason not to include it as it is simply a statement of fact. I believe the “reasonable time” available can be quite lengthy (2 year engagements are not that uncommon) and you could always cover it with confirmatory codicils afterwards if the legislation is delayed

Andrew Goodman
Osborne Clarke LLP