Hannah Thomas, a Partner in our Wills & Probate team, explains how a Will can ensure that wishes are respected and loved ones are protected, particularly where the law may not automatically recognise certain relationships.
Protecting Your Relationships…And Your Identity
One of the most important reasons is protecting your partner. For couples who choose not to marry or enter a civil partnership, the intestacy rules in England and Wales mean that unmarried partners have no automatic right to inherit from one another, regardless of how long they have been together. Without a Will, a long-term partner would not be legally recognised for inheritance purposes.
Another key issue is avoiding disputes within families. If someone dies without a Will, their estate is distributed under strict legal rules, which usually prioritise biological relatives. This can be particularly difficult where family relationships are strained, or where relatives may not fully recognise or accept a person’s relationship or identity. A Will ensures that assets pass to those an individual chooses.
For many members of the LGBTQ+ community, family extends beyond blood relatives, and ‘chosen family’ often plays a central role in life. Friends and close supporters are not automatically recognised under inheritance law. A Will allows individuals to ensure these relationships are acknowledged and that loved ones are provided for.
A Will can also set out funeral wishes. While not legally binding in the same way as financial provisions, it can provide reassurance that personal identity, relationships and preferences are known and respected.
Protecting Your Children’s Future
Where children are involved, a Will is particularly important. It allows parents to appoint guardians and set out clear wishes for their children’s care. This is especially relevant for LGBTQ+ families where legal parenthood arrangements may be more complex, making it essential that intentions are clearly recorded.
If you are entering into a surrogacy arrangement, it is particularly important that you write, or update your Will – along with the surrogate, to make sure that all parties involved are protected. You can read our guide to updating your Will for surrogacy, here.
Estate Planning
For those with assets abroad, estate planning becomes even more important. Different jurisdictions may not recognise LGBTQ+ relationships, which can create complications. A properly drafted Will can help ensure assets are passed on as intended and reduce uncertainty.
Finally, tax considerations may also be relevant. Married couples and civil partners benefit from certain inheritance tax allowances that are not automatically available to unmarried couples. Careful Will planning can therefore help ensure loved ones are adequately provided for.
Ultimately, making a Will is about clarity, protection and peace of mind. It ensures that personal wishes are respected and that the people who matter most are looked after, whatever the circumstances.
How can we help?
If you need to update your Will, or put a Will in place, our specialist Wills & Probate team are on hand to advise and assist.
Contact us today to make an appointment at either our Newport or Cardiff office.
