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Gay couples and Wills

Since 2005, the UK has recognised formal, legal Civil Partnerships between same sex partners.

This change in legislation meant a turning point for many gay couples, who were then granted the same rights as male/female married couples.

The law currently states that:

  • If one of you dies without making a Will, then your partner will still be eligible to receive all or part of your Estate
  • In accordance with all English partnerships, you can receive transfer of property on your partner’s death without being eligible to pay Inheritance Tax – but only if you have entered into a Civil Partnership
  • If you enter into a civil partnership after you have made a Will, this will generally revoke that Will, rendering it invalid, unless the Will specifically says that it should not have this effect.
  • If you go on to then divorce your partner after your Will has been made, the connection to that partner in probate terms will be automatically severed as from the date of the final dissolution order.

So, it is advisable, even if you have a Will before entering into a Civil Partnership, that you have another drawn up after the event.

Need further information on Civil Partnerships and probate law?

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