Will drafting—gender recognition and parentage issues
Will drafting—gender recognition and parentage issues

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Will drafting—gender recognition and parentage issues
  • Parentage issues
  • Gender recognition

There are many occasions when a gift in a Will is made to an individual by way of description, such as 'my son'. This would appear to be fairly obvious and simple but with the advent of such matters as artificial insemination and gender realignment the construction of such descriptive words in Wills has become more difficult. While the difficulties may only surface at death, it is as well that a Will is crafted as much in anticipation of possibilities in the future as it is for the situation at the date of the Will.

Parentage issues

There are a number of methods whereby children are now conceived other than in the conventional fashion.

Artificial insemination has become far more common over recent years as it becomes more successful but in such a circumstance the question of the actual legal parentage of a child conceived in this manner has been brought into question.

The law is that a child born in England and Wales after 4 April 1988 to a married woman by artificial insemination is presumed to be the child of that woman and her husband unless the husband did not consent to the procedur