Conversion of Civil Partnership Into Marriage Will Not Revoke Will

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It is regrettably not well known that marriage revokes an existing will (unless the will was specifically made in contemplation of marriage), so when a couple are married, they need to write new wills. The same has been true of civil partnerships since the Civil Partnership Act 2004 came into effect.

Following an extended debate, from 14 December 2014, civil partnerships will be able to be converted into marriages under the Marriage (Same Sex Couples) Act 2013 and the same sex marriage will be treated as commencing on the day the civil partnership commenced.

However, the Act did not state whether the conversion of a civil partnership into a marriage would revoke an earlier will.

To remedy this uncertainty, legislation is currently before Parliament that will provide that the conversion of a civil partnership into a marriage will not invalidate an earlier will made by a civil partner.