WILL DRAFTING CONSIDERATION
TRANSGENDER AND NON-BINAR
This article will focus on transgender and non-binary people as these are the two types of gender identities that can cause drafting confusion . In some cases this may cause offence , and if care isn ’ t taken the testator ’ s wishes might not be fully met .
Let ’ s take a look at what Will Writers can do to promote equality and sensitivity in this area when drafting wills seems apt .
A person who is non-binary identifies as neither male nor female . Non-binary is not legally recognised in the UK as a gender identity despite a large petition asking for the extension of the Gender Recognition Act 2004 to include them . When drafting wills , it is common to refer to the testator , their executors , and their beneficiaries by their title ( Mr , Mrs , etc .). When drafting for a non-binary testator or including a non-binary beneficiary consider omitting their title in order to be respectful to their gender identity .
Alternatively , the title “ Mx ” is now widely accepted as a genderneutral honorific . Many councils and institutions in the UK accept the use of this title , among
8 the society of will writers them HMRC , the DVLA , and most major banks . The House of Commons also accepts the use of Mx by MPs .
Since The Gender Recognition Act 2004 was introduced individuals have been able to apply for a gender recognition certificate which recognises their change of gender for legal purposes . This means that a person who has obtained a gender recognition certificate ( GRC ) is treated as their acquired gender . I will use the term ‘ acquired gender ’ here as this is the term used in the GRA 2004 .
Drafting complications can arise where a person mentioned in the will is living as their acquired gender but has not obtained a GRC . The will needs to be sufficiently clear in who it refers to . If they are going by an alternative name but have not legally changed their name then the will would need to refer to them by their current legal name at least once . It is fine to then refer to them by their chosen name thereafter .
Similarly , gender-neutral expressions such as “ my child ” could be used rather than “ my son ” or “ my daughter ”. This avoids any offence caused in referring to a tra beneficiary by the are legally recognis time of writing the than the gender th as . Attention shoul to pronouns . For a or transgender per GRC it may be best them only by name gendered pronoun although this can m clauses more cumb Controversial with but the adoption o as a singular prono rise as a means of r individual without gender . It is also se as an alternative to
If a transgender pe acquired a GRC the drafting issues are they are legally rec their acquired gen
The GRA 2004 app made on or after 4 The GRA 2004 doe gift made under a April 2005 . It follow should a will execu April 2005 make a of beneficiaries suc sons ” that a child o who was born as h but acquires a GRC legally recognised