Part 1 Wills

SCHEDULE 4 Wills, Administration of Estates and Family Provision

Section 71

Part 1 Wills

1

Amend the Wills Act 1837 (c 26) as follows.

2

After section 18A insert—

“18B Will to be revoked by civil partnership

(1)     Subject to subsections (2) to (6), a will is revoked by the formation of a civil partnership between the testator and another person.

(2)     A disposition in a will in exercise of a power of appointment takes effect despite the formation of a subsequent civil partnership between the testator and another person unless the property so appointed would in default of appointment pass to the testator's personal representatives.

(3)     If it appears from a will—

(a)     that at the time it was made the testator was expecting to form a civil partnership with a particular person, and

(b)     that he intended that the will

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