[F118DEffect on subsisting will of conversion of civil partnership into marriageE+W+N.I.

(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 section 18B(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)Subsections (1) and (2) are subject to subsection (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)Subsection (4) is subject to any contrary intention appearing from the will.

(6)In this section “conversion” means—

(a)the conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section;

[F2(aa)the conversion of a civil partnership into a marriage under Part 3 of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020;

(ab)the conversion of a civil partnership into a marriage under Part 3 or 4 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 where the civil partnership is a convertible Northern Ireland civil partnership as defined by regulation 2 of those Regulations;]

(b)the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—

(i)the Marriage (Scotland) Act 1977;

(ii)the Marriage and Civil Partnership (Scotland) Act 2014; or

(iii)any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014, and

“converted” is to be read accordingly.]

Textual Amendments