Draft Legislation Laid Before Parliament

A draft statutory instrument has been put before Parliament which is designed to ensure that the conversion of a civil partnership to a same-sex marriage will not revoke or have any impact on the terms of a will made prior to the change.

The move is designed to cover issues which have arisen following the introduction of the Marriage (Same Sex Couples) Act 2013, which came into force on March 13th and includes no reference to whether a conversion would revoke any will made in expectation of a civil partnership.

The new amendments to the Wills Act 1837, expected to be brought into force before the end of the year, will mean that a conversion will not revoke the will or any disposition in the will if the document was prepared by a person in a civil partnership before the switch to a same-sex marriage.

It is hoped that the move will provide clarity on the area and ensure that those who have a will and are intending to switch from civil partnership to a same-sex marriage understand their rights in the area.

Expert Opinion

This is an important move which will provide clarity regarding how wills made during a civil partnership should be handled in the event that a couple then chooses to convert to a same-sex marriage. <br/> <br/>"The provisions made in the legislation related to marriage conversion did not include detail on this issue, so from a general legal standpoint it is important that the position on this has been clarified and it means that those who have prepared a will can be safe in the knowledge that their wishes still stand despite the change. <br/> <br/>"It is important that couples bear this in mind, particularly in case the will prepared during a civil partnership does not now reflect their wishes following the switch to a same-sex marriage. <br/> <br/>"Any terms would still stand, so it is important that a will is fully up-to-date and reflects how a person wants their estate to be handled. Failing to do this can have significant consequences for loved ones, who may face difficult and emotionally draining legal disputes in relation to the handling of an estate if it does not reflect expectations. <br/> <br/>"We would urge anyone affected by such issues to seek advice on how they may be able to challenge the decisions made regarding a loved one’s estate."