Effect on subsisting will of conversion of civil partnership into marriage18D

1

The conversion of a civil partnership into a marriage does not—

a

revoke any will made by a party to the civil partnership before the conversion; or

b

affect any disposition in such a will.

2

The conversion of a civil partnership into a marriage does not affect any previous application of section 18B(2) to (6) to—

a

a will made by a party to the civil partnership before the conversion; or

b

a disposition in such a will.

3

Subsections (1) and (2) are subject to subsection (4).

4

Any reference in a will to a civil partnership or civil partners (howsoever expressed) is to be read in relation to any civil partnership that has been converted into a marriage, or civil partners who have converted their civil partnership into a marriage, as referring to that marriage or married couple, as appropriate.

5

Subsection (4) is subject to any contrary intention appearing from the will.

6

In this section “conversion” means—

a

the conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section;

b

the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—

i

the Marriage (Scotland) Act 1977;

ii

the Marriage and Civil Partnership (Scotland) Act 2014; or

iii

any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014, and

“converted” is to be read accordingly.