What if you have a non-traditional family?

A non-traditional family is a very broad term encompassing any family that does not fit the traditional nuclear family model. This can include single-parent families, same-sex parent families, blended families, adoptive families, families with children from previous relationships, and families with children who are not biologically related to either or both of their parents.

Non-traditional families are becoming increasingly more common in modern society. More couples are having children without feeling the need to get married first, and same-sex parents are much more common as both society and science have advanced to make it a lot easier than in the past. It’s also becoming more common to have children from a previous relationship. No matter what the reason, non-traditional families are just as valid as traditional families. They provide love, support, and stability for their members.

Rules of Intestacy and Non-Traditional Families

The rules of intestacy apply the same to anyone in a legally recognised union, whether a marriage or civil partnership, regardless of their gender. However, they do not give any legal rights to couple who co-habit but are not married or in a civil partnership. Being in a so called “common law” partnership does not give couples any legal protection. Therefore, if you are not planning to get married or enter a civil partnership, it’s essential to write a will to express these wishes legally to ensure that your assets are distributed to the people you want them to go to.

Similarly, if a person dies without a will and they have a blended family, their stepchildren may not inherit anything from their estate. This is because the laws of intestacy only recognise children who are biologically related or have been legally adopted by the deceased person. It’s important that you identify all of the people you want to inherit from your estate. This includes your spouse, partner, children, stepchildren, and other relatives.

Assigning Guardians and Non-Traditional Families

It is particularly important to assign guardians if you have a non-traditional family. If you are not in a legally recognised union, such as a marriage or civil partnership, your partner will not automatically have any right to become the legal guardian of your children, unless they have a biological relationship with them or have legally adopted them.

Furhermore, if you pass away and have a blended family, your partner may not be able to become the legal guardians of your children from a previous relationship, unless your partner has legally adopted them. Any guardianship appointment only takes effect if there is no one else alive who already has parental responsibility, which typically includes the biological parent. Therefore, it’s important to discuss these matters with your children’s biological parent before writing your will, which will help to mitigate any legal complications if you pass away before the children reach adulthood.

Changing a Name or Gender

It is best practice to ensure that your will is drafted to make certain that the testator and beneficiaries are clearly identified and leaves no doubt about who the testator or beneficiary is. Therefore, if you have either changed your name or gender or any of your beneficiaries have changed their name or gender, it may be helpful to include the relevant birth name in your will.

However if you are uncomfortable referring to a previous gender or birth name, the Gender Recognition Act 2004 (GRA) states that if you are transgender and you have lived in your new gender for at least two years, you can apply for a gender recognition certificate. This certificate provides legal certainty that your new gender is your legal gender for all purposes. This means that any will written after 4th April 2005 which references an individual who has been issued with a gender recognition certificate can be written using language that refers to their new gender identity.

Some individuals may not be comfortable sharing their gender identity with their family, so it can also be helpful to include gender-neutral vocabulary when writing your will. For example, using gender neutral expressions such as ‘my children’ rather than ‘my sons’ can reduce the risk of any legal complications after you pass away.