Conversion of Civil Partnership Into Marriage Will Not Revoke Will

October 29, 2014

Conversion of Civil Partnership Into Marriage Will Not Revoke Will

It is sensible for a couple to ensure that they have valid wills once they start to cohabit and share their assets.

However, it is regrettably not well known that marriage revokes an existing will (unless the will was specifically made in contemplation of the marriage), so if a couple decide to get married, their existing wills will lapse and they should write new ones. The same has been true for couples entering into a civil partnership since the Civil Partnership Act 2004 came into effect.

From 10 December 2014, civil partnerships will be able to be converted into marriages under the Marriage (Same Sex Couples) Act 2013 and the marriage will be treated as commencing on the day the civil partnership commenced.

However, the Act did not state whether the conversion of a civil partnership into a marriage would revoke an earlier will.

To remedy this situation, legislation is currently before Parliament that will provide that the conversion of a civil partnership into a marriage will not invalidate an earlier will made by a civil partner.