Civil Partnership Act - New Will Needed

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The Civil Partnership Act became law on 18 November 2004. From 5 December 2005 the Act allows same-sex couples to have their unions recognised in the UK as the equivalent of marriage, by registration of a civil partnership. The scope of the changes this has entailed is far-reaching – laws as diverse as those relating to inheritance to claims for jobseekers allowance have been affected. Opposite-sex couples will not be eligible to form civil partnerships.

Same-sex couples will particularly welcome the provisions which will allow the application of standard Inheritance Tax planning techniques and the ability to transfer pensions to their partner.

A Civil Partnership ceremony is very similar to a civil marriage, but there are some differences. For example – registration of a civil partnership is a written process with no exchange of vows.

One crucial point about the civil partnership that is not often mentioned is that (like marriage) registration will revoke an existing will. Couples planning to register their partnerships should therefore arrange for new wills to be drawn up as a priority as failure to do so will leave civil partners intestate, their existing wills no longer being valid. This could have disastrous effects should one of them die.

 


The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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