Paragraph 1 Wills Act 1837
The Wills Act 1837f1 is amended as follows.
In section 18f2 (will to be revoked by marriage)—
in subsection (1), for “(4)” substitute “(5)”, and
after subsection (4) insert—
“(5)Nothing in this section applies in the case of a marriage which results from 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.”.
After section 18Cf3 insert—
“Effect on subsisting will of conversion of civil partnership into marriage
18D(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 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, and “converted” is to be read accordingly.”.
Annotations
Footnotes
- f1
- f2
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Section 18 was substituted in relation to England and Wales by the Administration of Justice Act 1982 (c. 53) section 18(1).
- f3
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Section 18C was inserted by the Civil Partnership Act 2004, Schedule 4, paragraphs 1, 2 and 5.