A Guide To Gender Neutral Wills

To make it easier to understand, our Wills and Probate team have compiled a guide to Wills regarding people who identify as gender neutral.

What does Gender Neutral mean?

A person who identifies as non-binary identifies as neither male or female and prefers the use of gender-neutral pronouns (such as they/them). Gender neutral language is language that does not refer to a non-binary person as either of the sexes.

A gender neutral or gender inclusive pronoun is a pronoun which does not associate a gender with the individual who is being discussed. Which in general terms means they don’t specify whether the subject of the sentence is female or male. ‘They’, for instance, is a third-person pronoun that is gender neutral.

Other gender-neutral pronouns include ‘them’, ‘this person’, ‘everyone’, ‘Ze’, or ‘Hir’. If you’re not sure which pronoun to use, you can also use that person’s name.

What is the current law surrounding Gender Neutral Wills?

Using gender neutral pronouns is not something which the Law has taken into consideration before, as it only allows the use of male and female pronouns in order to create a valid Will.

The use of any gender-neutral language such as using ‘Mx’ as a title, or ‘they/them’ as opposed to he/him or she/her would unfortunately determine a Will invalid. The Law having such an archaic perspective on pronouns could significantly impact non-binary people in a negative way.

Although everyone with capacity has the option to write a Will, the current Law is excluding non-binary people by not accepting the use of gender-neutral language. The Law does not cater to their identity and could make non-binary people feel like they cannot write a Will because they cannot use their preferred pronouns.

Why the current Law needs to change

According to studies in 2014, it was estimated that approximately 0.4% of the UK identified as non-binary (1 in 250 people). The number of people who identify as non-binary in the UK has significantly increased since then and more and more environments are adapting to become more inclusive of non-binary people.

It is discriminatory to refer to non-binary people as either male or female as they do not identify with either of the sexes. It can make non-binary people feel excluded, discriminated against and uncomfortable to use terminology that they do not identify with.

Social media sites such as LinkedIn and Instagram are becoming more inclusive by allowing people to put their preferred pronouns in their bios and many businesses are offering adequate training to inform employees about the use of correct pronouns.

It is time for change regarding to the Law on pronouns in Wills as everyone should have access to writing a Will that represents them and their wishes.

How Oakwood Solicitors can help to provide Gender Neutral Wills

Besides the current restrictions within the Law on pronouns in Wills, at Oakwood Solicitors, we strive to be inclusive of everyone. Therefore, it is possible for us to adapt some of the language used in our Wills to encompass all people.

For example, instead of using ‘daughter’ or ‘son’ in a Will, we can use ‘children’ or ‘child’ to ensure that the sex assigned to someone at birth is not forced upon an individual. Everyone who identifies as non-binary deserves to be included and supported. We realise there is still a long way to go in terms of inclusivity within the Law.

We can only take steps to ensure that the importance of using someone’s correct pronouns is recognised not only in the workplace, but in day to day life and that we adapt the language in our Wills where possible to reflect this.

Why choose Oakwood Solicitors Ltd?

Oakwood Solicitors can assist you through this process and provide you with the necessary advice. Our team have gained an excellent reputation amongst local organisations and their client-base for delivering a personal and compassionate service.

As a firm we pride ourselves on having a high standard of customer service and making all our current and potential clients feel at ease when making any decisions regarding their future wishes.

You will have a dedicated advisor who will work through the Wills process with you from start to finish, assisting you in the event of any queries or issues you may have.

Your advisor will also continue to provide regular updates until your final Will signing and then will send you reminders in future years should you need to modify your Will.

Once your Will has been signed, we can store your Original Will free of charge in our deed store department and provide you with a copy to keep with your personal documents. We will ensure the process is as stress-free and effortless as possible.

WHAT TO DO NEXT

Get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.