Legal Q&A: Wills and Marriage

Q. My partner and I both have wills which we created after we entered into our civil partnership. We are contemplating getting married, if we do, will our current wills get revoked and will we need to create new ones?

A. As you may be aware, entering into a marriage revokes any existing will unless it was made in contemplation of that marriage. Therefore couples will need to create new wills in this instance. This is also the same position if a same sex couple decide to enter into a civil partnership, new wills will need to be drafted unless they were drafted in contemplation of that civil partnership.

However from 10th December 2014 civil partnerships were able to be converted into marriages and if so the marriage is deemed to have commenced the same day as the civil partnership. Furthermore, regulations have been passed which state that the conversion of a civil partnership into a marriage does not revoke an existing will and allows references to a civil partner to be read as referring to a spouse, unless the will states otherwise.

To speak to Jo Wild about writing a will please call 01780 752066 or email jo.wild@hegarty.co.uk