Civil Partner’s Right To Inherit

What is a Civil Partner?

A Civil Partner is either two persons of the same sex who are:

• Parties to a registered partnership which has not been dissolved or annulled or,
• Parties to a legal relationship of a class that is the subject of an order made under section 5 which has not been subject to an order of nullity.

Requirements for a Civil Partnership

To enter a Civil Partnership you must;

• be over 18
• be of the same sex
• unmarried or unregistered in a Civil Partnership.

What are the Civil Partners rights?

Civil partners have similar rights to that of a spouse. For example, a Civil Partner has a legal right share and also has the right to of election i.e. the right to either take a benefit under the terms of the will or the legal right share. The deceased’s personal representative must notify a Civil Partner of this right of election.

A Civil Partner may bring an application to set aside a transfer of property which was made by the deceased within 3 years prior to death for the purpose of disinheriting the Civil Partner.

A Surviving Civil Partner can require the deceased’s personal representative to appropriate the dwelling (family home) in satisfaction or towards satisfaction of his or her share.

Can a Civil Partner be disentitled to Inherit?

A Civil Partner may be disentitled to inherit where;

• the Civil Partnership has been dissolved
• the Civil Partnership has been annulled
• the Civil Partner renounced their rights to inherit
• unworthiness to succeed

This article is for information purposes only. Each case must be examined in accordance with the facts of that case.
If you have any queries in relation to the above, please complete the contact form and MB Solicitors will be very happy to assist.