Legal News

Transgender equality in wills and inheritance

Published on: 30 November 2017
Published by: LexisPSL
  • Transgender equality in wills and inheritance
  • How is transgenderism currently defined in legal terms? Are there any ambiguous areas surrounding the legal definition of transgenderism?
  • To what extent has the introduction of GRCs improved clarity when determining someone’s legal gender? What is the current framework of GRCs in the context of inheritance?
  • The Gender Identity (Protected Characteristic) Bill 2016–17 failed to pass through the Commons due to the general election. What would be the legal impact of making gender identity a protected characteristic under Equality Act 2010 (EqA 2010)? How would this impact inheritance?
  • How do practitioners distinguish identity between the pre-transitional and the post-transitional individual? What are some of the obstacles inheritance practitioners face?

Article summary

Private Client analysis: Transgenderism remains an area of ambiguity with regards to inheritance and the potential difficulties in the wording of modern wills. Mark Lindley, partner at Boodle Hatfield specialising in wills and trust, discusses how using gender-neutral pronouns in wills and the introduction of Gender Recognition Certificates (GRCs) improve clarity regarding inheritance issues. or take a trial to read the full analysis.

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