Part 1 – Private legal instruments
111.This provision means that the introduction of marriage of same sex couples will not affect the meaning of any marriage-related reference in documents, such as wills, deeds and documents governing charities, drawn up prior to section 11 coming into force. Such references will be understood only in terms of marriage of opposite sex couples.
112.In future, after this Act comes into force, a reference to marriage in any new document may be understood as including marriage of same sex couples (depending on the precise terminology of the document).
Examples
If a person has made a bequest to someone, before the Act comes into force, which is conditional on that individual becoming or being married, marriage will refer to marriage of opposite sex couples only.
If the governing document of a charity, made before the Act comes into force, stipulates that the organisation will provide for someone who is a widow, that reference will only be to a woman who had previously been married to a man.
