Many people are completely unaware that the act of forming a civil partnership automatically invalidates a will, in the same way as getting married does. However, there is one exception to this general rule.
Many people are completely unaware that the act of forming a civil partnership automatically invalidates a will, in the same way as getting married does. However, there is one exception to this general rule.
If you have a family law issue and require legal advice to understand your options, contact specialist divorce solicitor Jemma Slavin of Stowe Family Law. Regional Director at this well-respected specialist family law firm, she is committed to offering a bespoke service to her clients which focuses on their specific needs and objectives.
If you make a will before entering into a civil partnership and include a statement confirming you expect to have a specific person as your civil partner and do not intend your will to be revoked by this partnership, it will continue to be valid. In any other case, anyone preparing a will before their civil partnership must revisit it after the ceremony. If you made a will before the civil partnership, which was not made in expectation of the partnership with your now civil partner, you will need to prepare a new will otherwise it will be deemed “invalid”.
What happens if my will is invalid?
If you die without a valid will, then you are deemed to have died “intestate”. In this case, your estate will be distributed in accordance with the rules of intestacy. These rules determine who should inherit your estate by following a designated order of priority, which may not necessarily match your intentions or wishes. For example, the rules could lead to your estate being divided between your partner and children rather than your partner entirely.
Should I wait until I am in a civil partnership before making my will?
If you are not in a legally recognised marriage or civil partnership, then if you are living together, you are simply deemed as “cohabiting”. Therefore, you will have no status under the law to inherit your partner’s estate if they die. If you own a property together, in order to create certainty for the remaining partner, it is important that this is dealt with. For property held as “joint tenants” your share will pass automatically to your partner, but if you hold the property as “tenants in common”, your share will fall under the terms of your will, or in the absence of one, intestacy rules. For example, without a will, your share could pass to your family which may cause financial problems for your partner. You may wish for your share to pass wholly to your partner or at least for their lifetime, but if there is no will in place, there is no guarantee this would happen.
Will conversion of a civil partnership into a marriage revoke my will?
In general, marriage revokes an existing will, unless made in contemplation of the marriage/civil partnership, as discussed above. However, following extended governmental debate in 2014, civil partnerships can be converted into marriages under the Marriage (Same Sex Couples) Act 2013, meaning marriage will be treated as commencing on the date the civil partnership started. The Act did not state whether the conversion of a marriage into a civil partnership would revoke an earlier will and this should be taken into consideration if you fall into this category. It is probably best to err on the side of caution, and either revisit the terms of your will or prepare an entirely new one that contains all your wishes.
What happens if my new civil partnership ends in separation or is dissolved?
Whilst dissolution does not automatically invalidate a will, it can affect it. If you have appointed your partner as the executor or beneficiary, these clauses will fail when your civil partnership is dissolved. Your partner will be considered having predeceased you and any gift made to them will not take effect unless you have specifically stated the terms should endure after the partnership has been dissolved.
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