Entering a Civil Partnership? How will this affect your Will?

After a long legal battle, heterosexual couples in England and Wales are now able to enter in to civil partnerships. With the government changing the law, this has opened up the possibility of entering into such a union for the UK’s estimated 3.3 million co-habiting heterosexual couples. If they decide to enter into a civil partnership they would be likely to benefit from greater rights and protection within their relationships, in line with the type of rights and protection afforded to married couples.

With this in mind it is worth giving some thought to the consequences relating to Wills made by couples entering into a civil partnership. Some individuals may have already made a Will ‘in contemplation’ of their civil partnership, naming the person they intend to enter in to a civil partnership with which would then remain valid. However, some may have made a Will which may not have been specified that it was being made ‘in contemplation’ of a civil partnership. In the latter case, the existing Will would be revoked by entering into the civil partnership; if no new Will is made in time the law would then determine that the individual had died without having made a valid Will. This is known as dying intestate and the rules of intestacy will determine instead who should inherit.

If you are considering entering into a civil partnership, please seek legal advice to establish the implications of this in the event of your death. Having a properly drafted Will is the best way to make sure your money and possessions go to the individual(s) that you choose.

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