For years, the LGBTQ+ community has fought hard to have the same rights and recognition as the rest of the world and Gingerbread is a great source of support for the community. The principles for estate planning apply equally to the LGBTQ+ community as they do for everyone else.
The same principles apply as they do for solo parents. It's important for parents from the LGBTQ+ community to consider their estate planning such as guardianship, structure of their estate through their Will and powers of attorney.
Under the Gender Recognition Act 2004, an individual’s gender will not be legally recognised until they have obtained a gender recognition certificate.
If you made a Will before the Act came into effect on 4 April 2005, and your Will which leaves your estate to your 'sons' and a son becomes a daughter, your son would still inherit as the law recognises the gender at birth, not gender reassignment.
If, however, you made your Will after the effective date of 4 April 2005, your son who has become a daughter would not benefit under your Will, as the Act recognises the gender on the certificate i.e. daughter, not the gender at birth i.e. son.
The Lawyer in London