S FOR
Y BENEFICIARIES nsgender gender they ed as at the will , rather ey identify d also be paid non-binary son with no to refer to and avoid s completely , ake drafting ersome . some linguists , f ‘ they / them ’ un is on the eferring to an revealing their eing some use ‘ generic he ’.
rson has n these avoided as ognised as der .
lies to wills April 2005 . s not affect a will prior to 4 s then that ted after 4 gift to a class h as “ my f the testator is daughter and becomes as male will benefit under that description and will take an equal share to the testator ’ s other sons . Had the will been executed prior to 4 April 2005 he would not have been added to the class and would not have benefitted .
The GRA 2004 provides some protection to beneficiaries who have changed gender since a will was made . It also provides some protection for personal representatives .
Under section 17 the personal representatives are under no duty to enquire as to whether a beneficiary has acquired a GRC . If this affects the distribution of the estate and as a result a transgender beneficiary does not receive the assets they are entitled to they have no claim against the PRs personally for misadministration . The beneficiary can however trace the assets .
Under section 18 the court also have powers to vary the distribution of the estate where expectations are defeated by a beneficiary acquiring a GRC . the society of will writers
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