Effect on subsisting will of conversion of civil partnership into marriage13C

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.

Effect on subsisting will of conversion of marriage into civil partnership13D

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 Article 12(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

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

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

6

In this Article “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.