We all understand the importance of making a Will; it allows provisions for inheritance and guardianship of children. But for the LGBT+ community, it is often more complex than that, and without a carefully considered Will, a person’s wishes might not be fulfilled. While this is the case for everyone, there are additional considerations to be taken into account for the LGBT+ community.

The Office for National Statistics (ONS) indicates that UK families and households are continually changing shape. While married or civil partners remain the most common family type, the “modern” family represents one third of family structures (including same sex, blended and multi-generational) and there has been a growth in the number of families comprising of unmarried partners.

Statistically, same sex couples are more likely to cohabit than marry or enter into a civil partnership; what surprises a lot of people is that unless provision is made for a partner in your Will, that partner is not entitled to anything in the event of your death, no matter how long-term the relationship. It is therefore very important that a suitable Will is made to ensure that a surviving partner is not disinherited and ultimately forced to apply to the Courts for provision from their late partner’s estate.

The position in relation to children can also be complex. The legal definition of who is a parent (especially if they are non-biological parents, e.g., surrogate, or adoptive parents) can differ from expectations. Careful consideration needs to be given in respect of both children inheriting and appointing guardians for the children, as a surviving partner may not automatically be seen in law as the person who should be caring for the child.

A final consideration is in relation to gender recognition. As of 2004, individuals can apply for a gender recognition certificate (GRC), which recognises their change of gender for legal purposes. If a Will leaves gifts to a class of beneficiaries (e.g., a sum of £1,000 to each of my granddaughters), and that Will was made after 4^th April 2005, the changed gender won’t be recognised until a GRC is issued.

The idea of planning for death is a daunting one, but it is important that a carefully considered Will is put in place to ensure that your wishes are followed, and your family members are provided for – especially those who might not otherwise receive anything without Court intervention.

DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.