The importance of making a Will for LGBTQ clients 

We understand that Wills may often not be at the top of someone’s “to do” list. A Will can, however, be one of the most important documents you will make to ensure that your loved ones are looked after on your death. 

For members of the LGBTQ community in particular, a Will can perhaps be even more crucial. It is sadly becoming more common for disputes and disagreements to arise in relation to Wills after a death, particularly where there may be partners who have not married or formed a civil partnership, blended families and/or adoptive children or stepchildren involved. 

Birketts is a proud supporter of the LGBTQ community. We are a sponsor of regional Pride events (including Cambridge Pride and Bristol Pride), and we are committed to supporting our LGBTQ clients at every stage of their own and their families’ lives. We can support you through the process of writing a Will which covers the issues that are important to you and ensures that your loved ones are protected on your death.  

We have set out below some helpful starting points which you may want to consider when putting a Will in place. 

1. Do I need a Will? 

If you do not have a valid Will in place, the statutory rules of intestacy will “kick in” and determine who deals with and benefits from your estate on your death. This can often lead to your estate being distributed in a way which does not reflect your wishes. If, for example, you are not married or in a civil partnership and do not have children, the intestacy rules provide that your parents will inherit your estate, or your siblings if your parents have passed away. 

All families are unique, and many are supportive and loving to their LGBTQ family members, however, where this sadly isn’t the case, the intestacy rules can cause costly and upsetting disputes between your loved ones on your death. A Will is therefore the best way of seeking to avoid the complications of an intestacy and of ensuring that your loved ones are provided for on your death. 

2. Couples who are not married or in a civil partnership 

If you are not married or in a civil partnership, your partner is not provided for under the intestacy rules, even if you are co-habiting or have been together for many years.  

If you were to die without having a Will in place, your partner would not automatically be entitled to inherit anything from your estate. There is a risk therefore that they could find themselves in a position where they need to try to bring a lengthy and costly claim against your estate where there may be no guarantee of success. 

The importance of making a Will for couples who are not married or in a civil partnership cannot be understated. As part of supporting you to make your Will, we can provide you with comprehensive advice on the ways of ensuring that your partner is protected on your death as well as the different tax implications of leaving gifts to a partner. 

3. Children of LGBTQ parents 

When making a Will, ensuring that your children are provided for will usually be at the forefront of any parent’s mind. This may include, for example, either your own children from a previous relationship or those of your partner. Again, the intestacy rules have not kept abreast with the many changes to the nuances and intricacies of family life. As such, it is crucial that your Will sets out clearly exactly who you want to benefit from your estate and how. 

Your Will is also your opportunity to name who you would like to look after and care for your children on your death. We can talk you through the appointment of guardians for your children under your Will, giving you peace of mind, should the worst happen, that your children’s best interests will be followed on your death. 

Conclusion 

A professionally drafted, comprehensive Will is crucial to ensuring that your wishes will be carried out on your death. None of us know what the future will hold, however, a Will will give you the peace of mind that your loved ones will be cared for and protected on your death. 

The Birketts’ view 

Birketts’ Private Client Advisory Team are experienced at assisting a vast and diverse client base with their Wills, including members of the LGBTQ community. We know that there is no “one size fits all” approach to Will drafting and we will support you to ensure that your Will is tailored to meet your specific personal, family and financial circumstances. We appreciate that conversations about Wills and death are never easy, however, we are here to make that process as comfortable and stress-free as possible.  

In addition to our core Private Client Advisory services, some of our advisors also form part of Birketts’ dedicated Modern Families Team. This specialist team brings together expertise from across the firm, including private client, family law, and employment. We also have expertise to advise on international matters including international surrogacy and international private adoption. The team has been recognised in The Times Best Law Firm as providing a ‘“one-stop shop” service to domestic and international families to help them to navigate legal issues as well as matters linked to work and their finances’.