Civil Partnership Couples Must Act To Safeguard Wills

12 October 2005

When the new Civil Partnership Act comes into force this December, same sex couples must take steps to safeguard their Wills otherwise they could be revoked, warns Nicola Rostron of Furley Page Solicitors.

The private client lawyer said: “Once the relationship has been formally registered, any pre-existing Will of either party will, in most cases, be revoked in its entirety. Obviously, this can have very serious consequences if the situation is not remedied. On death the position would be as if no Will had ever been made.

“If a person dies without leaving a Will he or she is said to die ‘intestate’. This means his or her estate would pass in accordance with the statutory rules on intestacy and not in accordance with his or her wishes. The rules on intestacy are very strict and limit the amount of inheritance a partner might receive.”

However, steps can be taken to remedy the situation:
 

• A codicil can be made before the civil partnership to ensure the Will remains valid after the registration-a relatively straightforward and inexpensive procedure.
• A codicil can be made after the civil partnership to revive the Will-again a relatively inexpensive procedure
• A complete review of the couple’s affairs is advisable with new Wills being made when registration is contemplated.
• Making a Will in "contemplation of the civil partnership" to ensure the Will is not revoked by the later registration procedure.
• Nicola said: "A Will is a very important document and should be reviewed regularly to ensure it remains up-to-date and is as efficient as it is intended to be. For more information contact Nicola Rostron on 01227 863236 or email…

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