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