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Essex Pride week & wills

View profile for Katey  Stephenson
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As it’s Essex Pride week, it is important to reflect on the laws that have provided equal legal footing for LGBT families. The introduction of the Marriage (Same Sex Couples) Act 2013, the Civil Partnership Act 2004 and the Gender Recognition Act 2004 ensured that in relation to wills and estate administration, the law is the same for both same sex and opposite sex marriages. However, will drafting is still not as common amongst same sex couples.   

If you are in a same sex marriage or a civil partnership, your estate will be dealt with in the exact same way as someone in an opposite sex marriage. If you do not make a will, then you will die intestate and your estate will be dealt with under the Rules of Intestacy. The Rules of Intestacy state that the majority, if not all, of your estate will pass to your surviving spouse/civil partner on your death. However, for those cohabiting, this is not the case and you will not automatically receive anything on the death of your partner.

To avoid this happening, discuss your wishes with your partner, family or friends and contact one of our specialists to make a will that will reflect your wishes. I am based at our Colchester office and can be contacted on 01206 217363 or email katey.stephenson@birkettlong.co.uk.

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