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Why same-sex couples need Wills
Everyone should make a Will, but it is particularly important for LGBTQ+ couples because if you don’t have a Will and you are not married or in a civil partnership:
- Your partner will not inherit a share of your estate under intestacy rules
- To get a share of your estate, your partner would need to bring a claim against your estate by saying the intestacy provisions do not make reasonable financial provisions for them. Under the legislation, an estate claim can only be made if you and your partner lived together for at least two years before your death or if they were dependant on you. The claim against your estate may put them in conflict with family members who would otherwise receive your estate under the intestacy rules, such as your parents or siblings. Claims against an estate can take a long time to process, and your partner might struggle financially whilst waiting for the court to determine their claim.
- If you have children with an LGBTQ+ partner or from a previous relationship, your partner may not be a biological parent or have parental responsibility for your child. In your Will, you can appoint your partner as a testamentary guardian for your child.
- You cannot take advantage of the inheritance tax concessions available for married couples and those in civil partnerships. Estate planning advice may make you think of getting married or celebrating a civil partnership combined with considering the protection of a prenuptial agreement to ringfence pre-relationship acquired assets in case you later separate. Alternatively, a Wills solicitor can advise on the inheritance tax concessions available to you in your financial and personal circumstances to minimise your estate’s potential liability to IHT, such as via business relief or lifetime gifting.
LGBTQ+ estate planning
Every family is different, with some family dynamics being complicated, because of the relationship status or if relations with extended family are not as good as you or they would like. Specialist Will solicitors can help you with the paperwork to give you and your loved ones the peace of mind and security you need by advising on:
So you have Lasting Powers of Attorney in place in case you lose the capacity to make financial or health and welfare decisions during your lifetime or a cohabitation agreement or prenuptial agreement to safeguard your interests.
Property ownership advice
So you know if your share in the jointly owned property will pass under intestacy rules or by your Will or if the property is owned by you and your partner as joint tenants, under rights of survivorship.
To minimise the amount of IHT your estate is liable to pay and create a bespoke Will that caters to your family circumstances. For example, the use of a discretionary trust can keep things confidential, or a Will review and codicil can ensure your estate will be left to your loved ones.
Speak to our Bournemouth-based Will Solicitors today
Solomons Solicitors can help with Will, Lasting Power of Attorney and estate planning support so that you understand your options and have the legal paperwork you need to provide peace of mind.