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LGBTQ+ Considerations

Also known as: LGBT Estate Planning, Queer Will Planning

Definition

LGBTQ+ considerations are specific legal and family issues that lesbian, gay, bisexual, transgender, and queer individuals should address in their wills to protect partners, children, and their identity after death.

Understanding these considerations helps you identify which aspects of estate planning require special attention—particularly if you're unmarried, have children via assisted reproduction, or face family estrangement.

What Do LGBTQ+ Considerations Mean?

Since the Marriage (Same Sex Couples) Act 2013, same-sex married couples have enjoyed identical legal rights to opposite-sex married couples in England and Wales. Civil partnerships, available since 2004, provide equivalent protections including automatic inheritance under intestacy rules, spouse exemption from inheritance tax, and pension survivor benefits. However, the critical issue is this: over two-thirds of same-sex couples are neither married nor in civil partnerships, compared to fewer than a quarter of opposite-sex couples. This means the majority of LGBTQ+ couples have no automatic inheritance rights whatsoever.

The common law marriage myth creates dangerous false security. Many unmarried LGBTQ+ couples wrongly believe that living together creates legal rights equivalent to marriage—it doesn't. Under the Administration of Estates Act 1925, unmarried cohabiting partners inherit nothing when their partner dies without a will, regardless of how long they've lived together. If Sarah and Emma, unmarried partners of 15 years, jointly own a £450,000 house and Sarah dies without a will, Emma inherits nothing. Sarah's entire estate—her half of the house value (£225,000), savings, and pension—passes to Sarah's parents, even if they're estranged. Emma would need to buy out their £225,000 share or sell her home.

LGBTQ+ individuals face several unique considerations beyond relationship status. Family estrangement occurs at higher rates in the LGBTQ+ community, making explicit wills essential to prevent estranged relatives from inheriting or controlling funeral arrangements. Parental rights require careful documentation for children born via surrogacy, assisted reproduction, or adoption, with clear guardian appointments protecting both partners' roles as parents. Identity recognition matters deeply—wills can specify correct legal names, pronouns, chosen family members, and funeral wishes that reflect authentic identity rather than risk erasure by hostile relatives.

Unmarried partners face significant inheritance tax exposure that married couples and civil partners avoid entirely. When David inherits his late husband Michael's £380,000 estate, he pays no inheritance tax due to spouse exemption under the Inheritance Tax Act 1984. But if David and Michael had been unmarried, David would face substantial tax bills on inherited property over the £325,000 nil-rate band. Complex relationship structures—including ethical non-monogamy or chosen family configurations—require explicit provisions ensuring everyone you wish to benefit actually receives their inheritance.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories to claim reasonable financial provision from estates, including cohabitants who lived with the deceased for two years before death. While this provides some protection for unmarried LGBTQ+ partners, claims are discretionary and uncertain. Clear, properly executed wills provide far more reliable protection than depending on potential court claims. When trans business owner David created a will leaving his £900,000 estate to his unmarried partner and LGBTQ+ charities while excluding estranged family members, the detailed documentation helped his executors defend against challenges from relatives who had rejected him decades earlier.

Common Questions

"Do same-sex married couples have the same inheritance rights as opposite-sex married couples?"

Yes, same-sex married couples and civil partners have identical legal rights to opposite-sex married couples under UK law. This includes automatic inheritance under intestacy rules, spouse exemption from inheritance tax, and pension survivor benefits. Same-sex marriage has been legal since 2014, and civil partnerships provide equivalent rights.

"What happens if my LGBTQ+ partner and I aren't married or in a civil partnership?"

Unmarried partners (regardless of sexuality) have no automatic inheritance rights under UK intestacy rules. If your partner dies without a will, you won't inherit anything—even after decades together. The estate passes to blood relatives instead. Creating wills is essential for unmarried LGBTQ+ couples to protect each other.

"Can I use my will to exclude family members who don't accept my LGBTQ+ identity?"

Yes, you have testamentary freedom to leave your estate to whoever you choose, including excluding family members. However, estranged relatives can challenge your will under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent. Clear wills with your true wishes documented help executors defend against unmeritorious challenges.

Common Misconceptions

Myth: Living with my partner for years means we're "common law married" with the same rights as married couples.

Reality: Common law marriage does not exist in UK law. Unmarried cohabiting partners—regardless of how long they've lived together—have no automatic inheritance rights. If your partner dies without a will, you inherit nothing. A 2023 UK Parliamentary report found 46% of people mistakenly believe common law marriage exists, putting 3.6 million cohabiting couples at serious risk of financial harm.

Myth: Now that same-sex marriage is legal, LGBTQ+ people don't have any special estate planning considerations.

Reality: While marriage equality removed many legal barriers, LGBTQ+ individuals still face unique considerations: higher rates of being unmarried (two-thirds of same-sex couples versus a quarter of opposite-sex couples), increased family estrangement requiring explicit testamentary choices, complex parental rights for children via surrogacy or adoption, and potential for identity erasure without clear documentation. Marriage equality is essential progress but doesn't eliminate these planning complexities.

  • Same-Sex Couple: Broader category encompassing LGBTQ+ relationships and the legal status options (married, civil partnered, unmarried) that create different inheritance rights.
  • Civil Partnership: Legal relationship option providing rights equivalent to marriage, including automatic inheritance rights and inheritance tax exemption for LGBTQ+ couples.
  • Cohabitee: Legal status of unmarried partners living together, particularly relevant given that two-thirds of same-sex couples are unmarried and have no automatic inheritance rights.
  • Marriage: Legal relationship available to same-sex couples since 2014, providing automatic inheritance rights and tax exemptions that protect partners without requiring wills.
  • Unmarried Couple Rights: Explains the lack of automatic legal protections for cohabiting partners and what unmarried LGBTQ+ couples must do to protect each other.

Need Help with Your Will?

Whether you're married, in a civil partnership, or unmarried, protecting your partner and chosen family requires a legally binding will that explicitly names beneficiaries and reflects your true wishes.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.