Section 18E Effect on subsisting will of conversion of marriage into civil partnershipF1

England and Wales

(1)

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

(a)

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

(b)

affect any disposition in such a will.

(2)

The conversion of a marriage into a civil partnership does not affect any previous application of section 18(2) to (4) to—

(a)

a will made by a party to the marriage 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 marriage or spouses (howsoever expressed) is to be read in relation to any marriage that has been converted into a civil partnership, or a married couple who have converted their marriage into a civil partnership, as referring to that civil partnership or the parties to it, 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 marriage into a civil partnership under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020; or

(b)

the conversion of a marriage into a civil partnership under Part 4 or 5 of those Regulations;

and “converted” is to be read accordingly.

Annotations

Textual amendments

F1: S. 18E inserted (E.W.) (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 32(5)

Notes on the whole Act

Textual amendments

F1: Act (except s. 1 in part and s. 11) repealed (N.I.) (1.1.1995) by S.I. 1994/1899 (N.I. 13), art. 38, Sch. 3 (with art. 36, Sch. 2 para. 15(1)-(3)); S.R. 1994/372, art. 2