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Your initial phone consultation with our Civil Partnership Dissolution team is FREE.

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Civil Partnership Act 2004 and Your Will

The introduction of the Act has had implications not just for gay couples wanting to tie the knot, but also for anyone else writing a will. Why?


Firstly, when gay couples enter into a civil partnership, any existing will they may have is automatically revoked - just like divorce. Secondly, upon civil partnership divorce [as civil partnership dissolution is often known ], any gift made to a civil partner under the will of the other, simply lapses. Thirdly, a civil partner is not permitted to be a witness to any will under which either they, or their civil partner, is going to benefit.


The act may also affect anybody who, in making a will, included as one of the beneficiary the "spouse" of any other children or others. The definition of "spouse" when it comes to wills does not include civil partners - so if you want to include, as the beneficiary of your will, anybody who has entered into a civil partnership, you need to be specific about it – in particular, you might want to consider using a phrase such as leaving gifts to “….civil partners registered under the Civil Partnership Act 2004”.


Entering into civil partnerships also has a number of tax and other financial consequences - just like marriage. In particular, when entering a civil partnership, you may wish to check with your solicitor or accountant,  the position with regard to capital gains tax and inheritance tax exemptions, capital gains tax relief and various anti-avoidance rules relating to spouses and civil partners.


Thinking ending your civil partnership – contact our specialists today

For FREE and specialist initial advice about Civil Partnership Dissolution, our Solicitors can help:

  • call us on 0800 1404544 or
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Civil Partnership Dissolution – UK Solicitors specialising in the Dissolution of Civil Partnerships



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