Wills Act 1837

[F118BWill to be revoked by civil partnershipE+W+N.I.

(1)Subject to subsections (2) to [F2(6)] [F2(7)] , a will is revoked by the formation of a civil partnership between the testator and another person.

(2)A disposition in a will in exercise of a power of appointment takes effect despite the formation of a subsequent civil partnership between the testator and another person unless the property so appointed would in default of appointment pass to the testator’s personal representatives.

(3)If it appears from a will—

(a)that at the time it was made the testator was expecting to form a civil partnership with a particular person, and

(b)that he intended that the will should not be revoked by the formation of the civil partnership,

the will is not revoked by its formation.

(4)Subsections (5) and (6) apply if it appears from a will—

(a)that at the time it was made the testator was expecting to form a civil partnership with a particular person, and

(b)that he intended that a disposition in the will should not be revoked by the formation of the civil partnership.

(5)The disposition takes effect despite the formation of the civil partnership.

(6)Any other disposition in the will also takes effect, unless it appears from the will that the testator intended the disposition to be revoked by the formation of the civil partnership.]

[F3(7)Nothing in this section applies in the case of a civil partnership which results from the conversion of a marriage into a civil partnership under Part 3, 4 or 5 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020.]

Textual Amendments

Modifications etc. (not altering text)