Take PRIDE in your Estate Planning

1 June 2026

Preparing a Will is an essential part of financial and family planning, yet for many LGBTQ+ couples the process can be more complicated than it is for heterosexual, cisgender couples. While legal recognition and social acceptance have improved in many places, structural gaps, outdated assumptions, and uneven laws still create real risks. Understanding these challenges is the first step toward protecting partners, children, and chosen family.

Uneven Legal Recognition of Relationships

One of the most significant challenges is how relationships are recognised in law. Although marriage and civil partnerships are available to many same‑sex couples, not everyone chooses or is able to formalise their relationship. Unmarried partners—whether same‑sex or different‑sex—often have far fewer automatic inheritance rights.

For LGBTQ+ couples, this can be especially risky. Without a Will, intestacy rules may prioritise biological relatives over a long‑term partner, regardless of how committed the relationship was. This makes having a clear, legally valid Will not just advisable, but crucial.

Family Estrangement and Contested Estates

Many LGBTQ+ people experience strained or estranged relationships with their families of origin due to lack of acceptance. This reality can create complications after death if family members challenge a Will or expect to inherit by default.

Careful drafting is often needed to reduce the risk of disputes, particularly when excluding close relatives or prioritising a partner or chosen family. Explicit explanations, formal execution, and sometimes additional legal documentation can help ensure that wishes are respected.

Parenting and Guardianship Concerns

LGBTQ+ couples with children face additional considerations. In some families, only one partner may be the biological or legally recognised parent, even though both partners share parental responsibility in practice.

A Will is often the best place to:

Name guardians for minor children
Clarify intentions regarding custody and care
Ensure that a surviving partner can continue parenting without unnecessary legal hurdles

Without this clarity, children’s futures may be decided by courts or relatives who do not reflect the parents’ wishes.

Recognition Across Borders

For couples who have lived, own property, or have family ties in more than one country, international recognition can be a major issue. A marriage or partnership recognised in one jurisdiction may not be recognised in another, affecting inheritance, tax treatment, and even who is considered “next of kin.”

This can complicate estate planning significantly and may require coordinated Wills or specialist advice to avoid conflicting outcomes.

Protecting Chosen Family

LGBTQ+ communities often rely on “chosen family”—friends, former partners, or community members who provide emotional and practical support. However, chosen family members have no automatic legal standing.

Including them in a Will requires deliberate planning, especially when balancing their needs against those of partners, children, or biological relatives. Without a Will, chosen family are frequently excluded altogether.

Financial and Tax Considerations

Even where relationship recognition exists, differences in tax treatment, pensions, and survivor benefits can still affect LGBTQ+ couples disproportionately. Older couples, in particular, may have assets or pensions established before equality laws were introduced, which can complicate beneficiary designations.

A Will can help align assets with current intentions, but it often needs to be coordinated with pension nominations, life insurance policies, and trusts to be fully effective.

Facing Assumptions in the Process

Another challenge is less legal but equally real: assumptions. Some LGBTQ+ people still encounter professionals who assume heterosexual relationships, traditional family structures, or binary gender identities. This can make the Will‑writing process uncomfortable or lead to errors if details are not handled sensitively and accurately.

Working with an advisor who is knowledgeable and inclusive can make a significant difference, both emotionally and practically.

The Need for Regular Updates

Changes in law, relationships, gender identity, and family structures mean that LGBTQ+ couples often need to review their Wills more frequently. Coming out later in life, entering or leaving a marriage or partnership, transitioning, or reconnecting with or distancing from family can all necessitate updates.

Conclusion

For LGBTQ+ couples, a Will is far more than a formality—it is a protective tool. It ensures that partners are recognised, children are cared for, and chosen family are not forgotten. While the challenges can feel daunting, thoughtful planning and informed guidance can provide peace of mind and help ensure that, after death, a person’s life and relationships are honoured as they truly were.

For a confidential discussion with one of our solicitors specialising in Wills and Trusts, please contact Jasmine Smith on 01291 639280 or via email on jasmine.smith@feakes-legal.com to arrange an appointment.

Jasmine is a solicitor in our Private Client department specialising in Wills, Lasting Powers of Attorney and Trusts. They identify as genderfluid nonbinary and are passionate about providing accurate and easy-to-understand advice to their clients. They are heavily involved in the LGBTQIA+ community and are a member of the Law Society LGBTQ+ Solicitors Network.