LGBTQ+
Difference makes a better business and we celebrate diversity. It’s important to us that we create an inclusive culture in which everyone – regardless of background, identity and circumstance – can thrive.
We also believe that by representing diversity within our business we can better advise our clients and understand their needs.
Building a supportive, open environment for staff and clients
We are a proud partner of mygwork.
mygwork is the business community for LGBT+ professionals, graduates, inclusive employers and anyone who believes in workplace equality.
mygwork wants to empower the LGBT+ community by offering our individual members a safe space where they can connect with inclusive employers, find jobs, mentors, professional events and news.
LGBTQ+ families
We have developed a real understanding for and experience in advising lesbian, gay, bisexual, transgender & queer + (LGBTQ+) families who often have specific estate planning needs.
Below are some examples of some specific issues which may need to be considered.
The impact of gender transitioning: Wills
The fact that a person’s gender has changed does not affect the distribution of property under a Will or Trust made before 4 April 2005. However, the distribution of property under a Will or Trust made on or after this date takes effect in accordance with the acquired gender.
To take an example, James made a Will leaving his estate “equally between his two daughters”. James has two daughters Elizabeth and Samantha. After the Will is made Samantha transitions from female to male and changes her name to Samuel and obtains a gender recognition certificate. If James made his Will before 4 April 2005, then Samuel would still be recognised by what is on his birth certificate, so he would still inherit. However, if James’s Will was made after this date, then the estate would pass solely to Elizabeth.
It is important that a Will is drafted to avoid any unintended consequences.
The impact of gender transitioning: domicile
Although the concept of domicile will be abolished from April 2025 for determining a person’s tax status, domicile will still be an important concept for succession rights. A child acquires a domicile of origin at birth. If the child’s parents are married at the time, then the child takes his or her father’s domicile. If the parents are unmarried, then the child takes his or her mother’s domicile. These rules can cause difficulty where a child has two female parents or is born by a surrogate to two male parents.
Co-habiting couples, civil partnerships & marriage
Those identifying as single may live with a partner and in fact the statistics showed that in 2019 same-sex cohabiting couples were the most common type of same-sex couple family. At present, the intestacy rules, which take effect if you do not leave a Will, do not recognise co-habiting couples. Therefore, your surviving partner will have no automatic right to inherit your estate. They may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if no provision has been made for them, but this will be time consuming and expense. It is therefore important for co-habiting couples to look at such matters as putting in place a cohabitation agreement, checking how they own their assets and making Wills.
By making a Will you can appoint executors of your choice and leave your assets as you wish. You can also appoint guardians to look after your minor children. In order to appoint a guardian you must have parental responsibility for the child. An LGBT+ person may already have a child or want to become a parent and may decide to foster or adopt a child or have fertility treatment or surrogacy. The rules regarding who has parental responsibility in such situations can be complex and need to be considered carefully.
Our team are here to support you every step of the way
Meet our expert team
Our clients value our technical excellence, in-depth knowledge and yet friendly and down-to-earth approach. We have a strong team ethos and value the contribution of every member of our staff to the client service we strive to deliver.
Alison Craggs
Partner
Anna Burnside
Senior Partner
Joanna Ensor
Partner
Caroline Belam
Partner