Supporting LGBTQ+ Families and Same-Sex Couples with Thoughtful Estate Planning

To celebrate Pride Month, our estate planning team is reflecting on the unique challenges LGBTQ+ individuals and couples may face in England and Wales when planning for the future.

We’re here to help ensure your wishes are respected and your chosen family and loved ones are protected, whatever your family structure or identity, with thoughtful, inclusive estate planning.

Why Making a Will Matters for LGBTQ+ Families and Same-Sex Couples

1. Choosing Who Inherits and Who’s in Charge

Not everyone chooses to marry, and for many LGBTQ+ couples, marriage may not feel right, especially given its historically exclusive nature. Since same-sex marriage only became legal in the UK in 2014, many couples remain unmarried. But it’s important to know that the idea of a “common law marriage” isn’t legally recognised. Without a Will, your unmarried partner or chosen family might not inherit anything or be able to manage your estate. If you are estranged from family, want to prioritise your chosen family, or want to leave more to certain people, a Will ensures your wishes are followed.

2. Protecting Against Disputes

Sadly, family disagreements can arise after someone passes away, especially if there has been estrangement. A professionally written Will is your best defence against challenges and helps make sure your estate is handled the way you intended.

3. Planning for Children

In LGBTQ+ families, including same-sex or co-parenting arrangements, there may be different legal relationships between parents and children. For example, families created through adoption, surrogacy or IVF can require additional legal clarity in wills and estate planning. It’s important to know who has parental responsibility and to name a guardian in your Will if you have young children. This can avoid legal complications and ensure your children are cared for by the right person.

4. Using the Right Names and Pronouns

Trans and non-binary people may face unique legal hurdles in estate planning. If someone in your family has transitioned, it’s essential to use their correct name and gender in your Will. Misnaming someone could cause confusion or even prevent them from receiving their inheritance. Reviewing your Will regularly helps keep everything up to date and respectful of your loved ones’ identities.

Why You Might Need a Lasting Power of Attorney (LPA)

Making Sure the Right People Can Help You

If you ever become unable to make decisions for yourself, an LPA lets you choose who can step in, whether for financial matters or health decisions. This is especially important if your partner isn’t recognised by your family or if there are sensitive relationships involved. Having an LPA in place avoids uncertainty and ensures your wishes are respected.

We’re Here to Help

Everyone’s situation is different, and we’re committed to providing estate planning that reflects your values, relationships, and needs. Whether you’re planning for the future or updating existing documents, our team is here to support you with care and understanding.

To speak with one of our team, send an email to PrivateClient.LA@napthens.co.uk, and we’ll be happy to help.