Article 13C Effect on subsisting will of conversion of civil partnership into marriageF1

(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 Article 13A(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)

Paragraphs (1) and (2) are subject to paragraph (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)

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

(6)

In this Article “conversion” means—

(a)

the conversion of a civil partnership into a marriage under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020;

(b)

the conversion of a civil partnership into a marriage under Part 2, 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014; or

(c)

the changing of a civil partnership into a marriage under—

(i)

the Marriage (Scotland) Act 1977;

(ii)

the Marriage Between Civil Partners (Procedure for Change and Fees) (Scotland) Regulations 2014; or

(iii)

Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014.

Annotations

Textual amendments

F1: Arts. 13C, 13D inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 41(4)