For the LGBTQ+ community, having an estate plan and writing a will is extremely important. To celebrate pride month, and to provide some insight into estate planning for LGBTQ+ families, we are taking a look at the places that are overlooked when making a will, and the unique challenges that this community faces when planning for their futures.
For many LGBTQ+ individuals, interactions with professional services can be shaped by past experiences of misunderstanding or exclusion. A thoughtful, inclusive approach helps to:
- Build trust and open communication
- Ensure clients feel safe sharing personal circumstances
- Reduce the risk of incorrect assumptions
- Deliver more accurate and appropriate estate planning advice
Inclusivity is not about treating clients differently, it is about recognising and respecting individual circumstances.
Bodily Autonomy
Something that is often taken for granted when realising your wishes after death is what happens to your body. Especially for the transgender and non-binary clients, making a choice about their body might not be a decision that they would want someone to make on their behalf.
The Equality Act (2010) states that gender reassignment is a protected characteristic, but this does not mean that trans and non-binary people don’t face discrimination. In order to be legally recognised as your gender as a trans person you need to acquire a Gender Recognition Certificate (GRC) which you can only obtain by proving that you have lived as your reassigned gender for two years, pay £140, and have a medical diagnosis of gender dysphoria, amongst other things. This is obviously a lengthy process and means that many trans people don’t obtain a GRC.
This means that there can be no record of a person living as a reassigned gender at all. Making it much more important for trans and non-binary people to write a will and state their wishes.
Here are some more resources for helping transgender and non-binary clients:
Estate Planning for Transgender and Non-Binary Clients — WillPack
Will drafting considerations for transgender and non-binary beneficiaries – The Society of Will Wri…
Drafting Considerations for Transgender Beneficiaries – The Society of Will Writers
Family Set Ups
LGBTQ+ families may not follow traditional expectations. Many people in this community have found or chosen families rather than biological ones, and relationships that aren’t legally recognised in the same way.
Same-sex marriage was legalised in England, Scotland and Wales in 2014, and not in Northern Ireland until 2020. While there are now many same-sex couples that are married, for many, because of the history, it doesn’t feel right and they choose not to.
Common law marriages are not legally recognised in England and Wales. Therefore, without a valid Will, an unmarried partner would not automatically inherit under the intestacy rules. While civil partners have the same inheritance rights as married couples, many LGBTQ+ individuals choose not to marry or enter a civil partnership, making a Will particularly important. A will ensures that their own wishes are followed and can help to mitigate family disagreements after estrangements.
Inclusive Language
Using respectful and inclusive language works for everyone, not just LGBTQ+ people. It is important to remember that not everyone is part of a nuclear and stable family. Use open, neutral language such as:
- “Who are the important people in your life?”
- “Who would you like to include in your will?”
Always use the name and pronouns your client provides. If unsure, it is acceptable to politely ask, no one will penalise you for asking.
- Avoid gendered assumptions (e.g. “husband/wife”)
- Use terms like “partner” unless specified otherwise
- Mirror the language your client uses
Small adjustments in language can make a significant difference in how comfortable a client feels.
Supporting LGBTQ+ Members in the Profession
For LGBTQ+ practitioners, it is equally important that the profession is supportive and inclusive. This industry, while there has been a huge increase in the number of women that we have seen joining as members, is a male dominated one. This can be intimidating for some, and we must make sure that we are doing everything we can to create a safe and inclusive community. If you are needing support from The SWW, our doors are open to everyone with no judgement.
Our Commitment
At its core, inclusive practice is about respect, dignity, and understanding. By taking small but meaningful steps, will writers can ensure that all clients, regardless of sexual orientation or gender identity receive a professional, supportive, and personalised service.
The Society aims to:
- Treat all individuals with dignity and respect.
- Encourage inclusive and respectful client practices across the profession
- Promote awareness of the diverse needs of clients and members
- Support members through guidance, resources, and ongoing professional development
- Foster a professional community where everyone feels welcome and able to thrive
Further Information & Resources
Legacy Giving – LGBT Foundation
Will Writing for Same-Sex and LGBTQ+ Individuals and Families
akt – the national LGBTQ+ youth homelessness charity
LGBTQI+ Wills in the UK | Estate Planning for Modern Families | AWAY Wills — AWAY Wills
