UK: Planning a Civil Partnership? You’ll Need a New Will, Too

Written by scott on March 5th, 2013

LondonFor same sex couples entering into civil partnerships (and presumably marriages too, when it becomes legal), there’s a little known wrinkle when it comes to wills. Pink News explains:

…recent research suggests that very few people are aware that on entering a civil partnership all wills are immediately revoked. (For those who like reading statutes, see: the Wills Act 1837 section 18B (as inserted by the Civil Partnership Act 2004 section 71 Sch 4 Pt 1 para 2). The simple reason for this is ‘equality’. Wills are revoked by marriage and the Civil Partnership Act mirrors almost identically all the rules relating to marriage.

This is particularly important for same sex couples to know:

Many gays and lesbians who were in relationships before civil partnerships were introduced had written wills. Unlike straight people, they knew only too well that the law would not recognise their partners on death and writing a will was an effective way of addressing this. Many of these couples think that subsequently entering a civil partnership simply adds to the protection provided by a will.

Ironic that, without careful planning, entering into a civil partnership could actually reduce the protections a same sex couple has in the UK.

Find more articles and gay wedding resources in the United Kingdom.

 

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