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Oxford: 01865 950972 

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Diversity & Inclusion

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Building a supportive, open environment for staff and clients

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 can allow us to better advise our clients and understand their needs.  

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.

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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. For more information, please contact us. 

The impact of gender transitioning: Wills


View our Article here

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.  
See our Article here

The impact of gender transitioning: domicile

This is important because it determines a person’s tax status and 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 through surrogacy. The rules regarding who has parental responsibility in such situation can be complex and need to be considered carefully.

We provide expert advice and professional support

Diversity & Inclusion News

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A Guide to the Gender Recognition Act 2004

The Gender Recognition Act 2004 is an act of parliament which came into effect on 5 April 2005. It gives transsexual people the right to change their legal gender so that it matches that of their gender identity.

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Changing Gender: Your Will, Powers of Attorney and Pensions

It is important that you make a Will to ensure that your assets go to those you want to benefit. You should ensure that you are referred to in your Will in the way that you want to be known.

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Top 10 Tips For Employers In Creating A Trans-Friendly Workplace

In every workplace, it’s important that all employees are treated with respect and are able to work within an inclusive environment.

Contact The Burnside Partnership

For more information and how we can help, please get in touch.