The Wills and Administration Proceedings (Northern Ireland) Order 1994 No. 1899 (NI. 13)

PART II N.I. WILLS

Effect of marriage, divorce, etc. N.I.

[F1 Effect of civil partnership N.I.

13A.— (1) Subject to paragraphs (2) to [F2 (7)], a will is revoked by the formation of a civil partnership between the testator and another person.

(2) A disposition in a will in exercise of a power of appointment takes effect despite the formation of a subsequent civil partnership between the testator and another person unless the property so appointed would in default of appointment pass to the testator's personal representatives.

(3) If it appears from a will—

(a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and

(b) that he intended that the will should not be revoked by the formation of the civil partnership,

the will is not revoked by its formation.

(4) Paragraphs (5) and (6) apply if it appears from a will—

(a) that at the time it was made the testator was expecting to form a civil partnership with a particular person, and

(b) that he intended that a gift in the will should not be revoked by the formation of the civil partnership.

(5) The gift takes effect despite the formation of the civil partnership.

(6) Any other gift in the will also takes effect, unless it appears from the will that the testator intended the gift to be revoked by the formation of the civil partnership.

[F3 (7) Nothing in this Article applies in the case of a civil partnership which results from—

(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.]]

F1 2004 c.33

F2 Word in art. 13A(1) substituted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 41(3)(a)

F3 Art. 13A(7) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 41(3)(b)

Modifications etc. (not altering text)

C1 Art. 13A excluded (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 172 (with regs. 6-9)