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Civil Partnership Legal Checklist UK: What Changes After You Register

· 18 min

Note: The following scenario is fictional and used for illustration.

Emma and Sophie, both 32, registered their civil partnership in Manchester in November 2024. Emma had made a will three years earlier leaving everything to Sophie and naming her sister as executor. Two months after their civil partnership ceremony, Emma discovered her will was automatically void the moment they registered. When she asked Sophie if she'd updated her estate planning, Sophie assumed their civil partnership meant they were "automatically sorted" for inheritance. Neither had made a new will. If either had died during those two months, intestacy rules would have applied—not their wishes.

Emma and Sophie's situation isn't unusual. In 2022, 6,879 civil partnerships were formed in England and Wales, with 83.7% being opposite-sex couples. Many couples treat registration as the finish line, not the starting point for legal updates.

This article provides the complete legal checklist—what changes when you register, which documents become invalid, your new rights, and the exact steps to take in your first 30 days.

Table of Contents

What Legally Changes the Moment You Register a Civil Partnership

When you sign the civil partnership schedule in front of a registrar and two witnesses, several legal changes take effect immediately under the Civil Partnership Act 2004.

Both partners gain the right to live in the family home regardless of ownership. You cannot be forced to leave without a court order.

All transfers between civil partners are exempt from inheritance tax, regardless of amount.

Your civil partner becomes your automatic next of kin for medical decisions.

Both civil partners have a legal obligation to provide reasonable maintenance to each other and any children of the family.

James and David registered their civil partnership in Bristol. James owned their £380,000 flat outright. David gained home rights—he has the legal right to live there even though his name isn't on the title deed.

Here's what changes immediately:

Legal Status Before Registration After Registration
Intestacy rights None Up to £270,000 + 50% of remainder
Inheritance tax No exemption Full exemption
Home rights No automatic right Both have home rights
Next of kin Not automatic Automatic status
Pension benefits Very limited Full survivor rights

Your Will Is Now Void - What This Means and Why It Matters

Any will you made before registering your civil partnership is automatically void if made under the law of England and Wales or Northern Ireland. Scottish wills are not automatically revoked.

This automatic revocation exists even if your will left everything to your now-civil partner. The law assumes civil partnership is such a significant life event that previous estate planning should be reconsidered.

Without a valid will, intestacy rules apply. Your civil partner inherits up to £270,000 plus half of any remaining amount. Specific bequests to friends, charities, and chosen executors are void.

If you made a will explicitly stating it was in contemplation of your civil partnership with a named person, it remains valid after registration.

Sarah made a will in 2020 leaving her £180,000 estate to her partner Lisa, with Claire as executor and £5,000 to a cancer charity. In December 2024, Sarah and Lisa registered their civil partnership. Sarah's will is now void. If Sarah died in January 2025, Lisa would inherit under intestacy, but Claire wouldn't be executor and the charity would receive nothing.

Here's the difference:

With Valid Will After Registration Without Will (Intestacy)
Estate distributed per your wishes Estate follows statutory rules
You choose your executors Partner or family must apply
You name guardians for children Court decides guardianship
You can leave gifts to friends/charity Only family inherits
You can create trusts for children Children inherit directly at 18

New Inheritance Rights: What Your Civil Partner Automatically Inherits

If you die without a valid will, your civil partner inherits under intestacy rules. The amount depends on your estate value and whether you have children.

Estate worth £270,000 or less: Your civil partner inherits everything.

Estate exceeds £270,000 with children: Your civil partner receives £270,000 plus 50% of the remainder. Children share the other 50% but cannot access it until 18.

Estate exceeds £270,000 without children: Your civil partner receives £270,000 plus 50% of the remainder. Parents or siblings inherit the other 50%.

All transfers between civil partners are exempt from inheritance tax. Unused nil-rate bands (currently £325,000) transfer to the surviving partner, potentially creating £650,000 in combined allowances.

Rachel and Hannah (no children) live in Brighton. Rachel dies with an estate worth £450,000 and no will. Hannah inherits £360,000. Rachel's parents inherit £90,000. With a will, Rachel could have left everything to Hannah.

Tom and Maria have two children. Tom dies with a £600,000 estate and no will. Maria inherits £435,000. The children share £165,000 but can't access it until 18.

Estate Value Children? Civil Partner Inherits Others Inherit
£200,000 No £200,000 (100%) £0
£400,000 No £335,000 £65,000 (parents/siblings)
£400,000 Yes £335,000 £65,000 (children)
£600,000 Yes £435,000 £165,000 (children)

Property and Home Rights After Civil Partnership Registration

Both civil partners have the right to occupy the family home, even if only one partner's name is on the title or rental agreement. You cannot be evicted without a court order. The non-owning partner can register a notice on the property title to protect this right.

If the sole tenant civil partner dies, the surviving partner can inherit the tenancy.

Property transfers between civil partners are exempt from Stamp Duty Land Tax.

If the partnership ends, both partners can make financial claims, regardless of who paid.

Alex owned a £420,000 house in Leeds. When they registered their civil partnership, Jordan gained home rights. If Alex tried to sell without Jordan's agreement, Jordan could register a notice on the title, preventing the sale.

Property Situation Cohabiting Partners Civil Partners
Right to occupy Only if on title/tenancy Both have home rights
Inheriting a tenancy No automatic right Automatic succession
Stamp duty on transfers Full SDLT applies Exempt from SDLT
Protection from forced sale Minimal Can register notice
Claims if relationship ends Very limited Full financial remedy claims

Pension Rights and Benefits for Civil Partners in the UK

If you reached state pension age before 6 April 2016, you may inherit some of your deceased civil partner's state pension.

Under the new state pension system (after 6 April 2016), you might inherit an extra payment if widowed, provided you don't remarry before reaching state pension age.

Civil partners are entitled to survivor's pensions from occupational, personal, and public service schemes under the Civil Partnership (Pensions and Benefit Payments) Order 2005.

If your partnership ends, courts can make pension sharing orders.

Malcolm and Robert registered their civil partnership in 2015. When Malcolm dies, Robert may inherit an extra payment on top of his state pension, provided Robert doesn't remarry before reaching state pension age.

Anjali worked in the NHS for 22 years. When she registered her civil partnership with Kiran, Kiran became entitled to a survivor's pension from Anjali's NHS pension. Without civil partnership, Kiran wouldn't be entitled to this.

Pension Type Cohabiting Partner Civil Partner
State pension (old rules) None Can inherit portions
State pension (new rules) None May inherit extra payment
Occupational pension Very limited Automatic entitlement
Public service pension Not entitled Full survivor rights
Pension sharing on split Not available Courts can order sharing

Parental Responsibility and Children After Civil Partnership

Biological or adoptive parents keep their parental responsibility. A civil partner who is not the biological parent can acquire parental responsibility through a Step-Parental Responsibility Agreement or court order, provided you've lived with the child for at least six months.

Two civil partners can jointly adopt a child with the same rights as married couples.

Civil partners have a legal duty to provide maintenance for any "child of the family."

Both partners should appoint guardians in their wills. If both die without appointing guardians, the court decides.

Grace has a daughter, Isla. When Grace registered her civil partnership with Leah, Leah gained parental responsibility through a Step-Parental Responsibility Agreement with Isla's biological father. Leah can now make decisions about Isla's education and medical care.

Simone and Yasmin both made wills appointing the other as guardian for Simone's two children. They created a trust ensuring the children would inherit if both die, with trustees managing money until age 25.

Situation Without Civil Partnership With Civil Partnership
Step-parent rights No automatic rights Can obtain parental responsibility
Joint adoption Only as individual Can adopt jointly
Duty to maintain No legal duty Legal duty to maintain children

Take these actions in order of priority.

Week 1 (Days 1-7)

1. Make a new will—highest priority.

Your old will is void. Both partners should make wills simultaneously. Consider who inherits, executors, guardians for children, and any trusts needed.

2. Order certified copies of your civil partnership certificate (5-10 copies).

You'll need these for all administrative updates. Order from the register office where you registered. Cost is approximately £11 per copy.

3. Update life insurance and pension beneficiaries.

Contact all providers and update nomination forms. Ensure your civil partner is named as beneficiary.

Week 2 (Days 8-14)

4. Change your name on official documents (if changing surname).

Update your passport, driving licence, electoral roll, bank accounts, credit cards, and mortgage or tenancy agreements.

5. Update workplace HR records.

Notify your employer of your civil partnership. Update death-in-service beneficiaries. Check if your employer offers enhanced benefits for civil partners.

Weeks 3-4 (Days 15-30)

6. Property and tenancy updates.

If one partner owns property, consider adding the other to the title deed or register a notice of home rights. If renting, notify your landlord.

7. Financial and tax updates.

Inform HMRC of your civil partnership. Update bank accounts to joint accounts if desired. Update council tax.

8. Medical and health records.

Register your civil partner with your GP as next of kin. Update hospital records if either has ongoing treatment. Consider creating a Lasting Power of Attorney.

9. Review existing estate planning documents.

Any existing trusts may need updating. Check beneficiary designations on investment accounts.

Chloe and Megan followed this checklist systematically. In Week 1, both made new wills, naming each other as executors and primary beneficiaries. By Week 4, all documents were updated. Two months later, Chloe was diagnosed with a terminal illness. Because they'd acted immediately, Megan was fully protected.

When to Update Your Will Again (Marriage, Children, Property)

Same-sex couples can convert their civil partnership to marriage. This does not revoke your will, but review it.

Update your will when you have or adopt children to appoint guardians, create trusts, and adjust inheritance shares.

Dissolution automatically revokes gifts to your ex-partner. You must make a new will.

If your combined estate exceeds £650,000, consider nil-rate band planning.

Review your will every 3-5 years.

Ben and Chris made wills after their civil partnership. In 2024, they adopted a daughter and updated their wills to appoint guardians, create a trust, and adjust who inherits if the daughter predeceases them.

Life Event Impact on Will Action Required
Converting to marriage Does NOT revoke will Review recommended
Having/adopting children May not protect children Update immediately
Dissolution Gifts to ex-partner revoked Make entirely new will
Buying property May not reflect new asset Update distribution
Death of executor/guardian Person can no longer serve Update immediately

Property rights, inheritance rights, pension rights, parental responsibility, adoption rights, financial claims on dissolution, and next of kin status are all identical for civil partners and married couples.

Marriage requires vows. Civil partnership is formed by signing a document.

Marriages can be religious or civil. Civil partnerships are always civil.

Married couples are "spouses." Civil partners are "civil partners."

Same-sex civil partners can convert to marriage. Opposite-sex civil partners cannot.

Marriages are recognized worldwide. Civil partnerships aren't recognized in all countries.

Both require new wills after registration. Both provide the same intestacy protection and IHT exemption.

Jake and Oliver converted their civil partnership to marriage in 2024. The conversion did not revoke their wills, and their estate planning needs didn't change.

Aspect Marriage Civil Partnership Estate Planning Impact
Legal rights Full rights Identical full rights Same will requirements
Ceremony type Religious or civil Civil only No impact
Old will revoked? Yes (England/Wales/NI) Yes (England/Wales/NI) MUST make new will
Intestacy protection £270k + 50% £270k + 50% Same protection
IHT exemption Full exemption Full exemption Same tax planning
Conversion (same-sex) Can convert from CP Can convert to marriage Does NOT revoke will

Frequently Asked Questions

Q: Does registering a civil partnership automatically revoke my will?

A: Yes, registering a civil partnership automatically revokes any existing will made under the law of England and Wales or Northern Ireland (Scottish wills are not revoked this way). This is the same rule that applies to marriage. You must make a new will after registration, or make one "in contemplation of civil partnership" beforehand to ensure it remains valid.

Q: What inheritance rights do civil partners have in the UK?

A: Civil partners have identical inheritance rights to married couples. Under intestacy rules, your civil partner inherits up to £270,000 of your estate, plus half of any remaining amount (the other half goes to children if you have them). Civil partners are also exempt from inheritance tax on assets inherited from each other.

Q: Can civil partners inherit each other's state pension?

A: Yes, civil partners can inherit some of their deceased partner's state pension. If you reached state pension age before 6 April 2016, you may inherit some of your civil partner's state pension when they die. Under the new state pension system, you might inherit an extra payment on top of your pension if you're widowed, provided you don't remarry or form a new civil partnership before reaching state pension age.

Q: What property rights do I get when I register a civil partnership?

A: Civil partners gain "home rights" (matrimonial home rights), meaning both partners have the right to live in the family home regardless of who owns it or whose name is on the mortgage or tenancy. You cannot be forced to leave without a court order. Civil partners also avoid stamp duty land tax on property transfers between them.

Q: Do I have to change my name after a civil partnership?

A: No, you're not legally required to change your name after registering a civil partnership. However, if you choose to take your partner's surname or hyphenate your surnames, government departments like the Identity and Passport Service and DVLA will accept your civil partnership certificate as evidence for the name change.

Q: What's the difference between civil partnership and marriage in the UK?

A: Civil partnerships and marriages provide virtually identical legal rights in the UK, including property, inheritance, pension, and parental rights. The main differences are: civil partnerships require no vows or religious ceremony (you simply sign a document), you're called "civil partners" not "spouses", and opposite-sex civil partners cannot convert their partnership to marriage (same-sex couples can).

Q: How do I update my documents after registering a civil partnership?

A: After registration, update your will first (it's been automatically revoked). Then update: passport and driving licence (if changing name), pension schemes and life insurance beneficiaries, bank accounts and joint accounts, employer HR records, electoral roll registration, utility bills and council tax, and medical records. Keep certified copies of your civil partnership certificate for these updates.

Conclusion

Registering your civil partnership is a moment of celebration—but it also triggers new legal responsibilities. Here's what you need to remember:

  • Registering a civil partnership triggers immediate legal changes including home rights, inheritance tax exemption, and next of kin status—but it also automatically revokes any will you made before registration in England, Wales, and Northern Ireland
  • Your civil partner will inherit under intestacy rules if you die without a valid will, but this may not match your wishes, especially if you want to leave gifts to others or create trusts for children
  • The first 30 days after registration are critical: make new wills (highest priority), order certified copies of your civil partnership certificate, and update life insurance and pension beneficiaries
  • Civil partnerships and marriages provide identical legal rights for inheritance, property, and pensions—both require the same estate planning steps
  • Review and update your will whenever you have major life changes and every 3-5 years to ensure your estate plan reflects your current wishes

The strongest protection you can give your partner is a clear, legally valid will. Taking action now means you're both protected, whatever life brings.

Need Help with Your Will?

Understanding the legal changes that come with civil partnership registration is the first step—now you need to act on that knowledge by creating a will that protects your partner and reflects your exact wishes.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer: This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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