Proposals To Prevent Marriage Conversion From Revoking Wills

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.