Succession Act 1965 section 113A

Renunciation of legal right by a civil partner

Section 113A deals with how a civil partner may give up (renounce) their legal right to a share of their deceased partner's estate.

  • A civil partner has a legal right to a share of their deceased partner's estate, but this right can be voluntarily given up.
  • The renunciation can be made before the civil partnership is registered, by way of a written ante-civil-partnership-registration contract between the intended partners.
  • Alternatively, the renunciation can be made after registration of the civil partnership, provided it is in writing and made during the lifetime of the testator (the partner who makes the will).
  • In all cases, the renunciation must be in writing to be valid.

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