How to write a Will that includes transgender and non-binary family members in the UK

Author: Chris Watts, Fern Wills & LPAs

Last verified: 14 August 2025 (England & Wales)

Quick-read summary

Everyone deserves to be respected and recognised in a Will. For transgender and non-binary family members, the way a Will is worded can make a real difference. Using the wrong terms, names, or pronouns can cause confusion, disputes, or unintentionally exclude someone. Since 2005, the Gender Recognition Act has allowed people with a Gender Recognition Certificate (GRC) to be legally recognised in their acquired gender. But even without a GRC, a Will can (and should) reflect a person’s identity with care. At Fern Wills & LPAs, we ensure that your Will is drafted in a way that is both legally accurate and personally respectful.

Practical checklist ✅

Here are some signs you might need to review your Will:

• You have a transgender or non-binary child, grandchild, or other beneficiary.
• A family member has changed their name but not updated it legally.
• Your Will currently refers to “sons” and “daughters” instead of “children.”
• You want to be sure your Will reflects your loved ones’ correct names and pronouns.
• You’re unsure whether a Gender Recognition Certificate affects your Will.

What to consider

• Names and identities: If a loved one hasn’t legally changed their name, your Will can still show both names (legal name “also known as” chosen name).
• Pronouns and wording: Using neutral terms like “my children” instead of “my sons and daughters” avoids future disputes if someone transitions.
• Legal recognition: A Gender Recognition Certificate (under the Gender Recognition Act 2004) legally confirms someone’s acquired gender, but many people may not have one. GOV.UK confirms that only those with a GRC are legally recognised in their new gender.
• Fairness in class gifts: Gifts divided between “sons” and “daughters” could unintentionally exclude someone. Neutral language ensures fairness.
• Respect and dignity: The Society of Will Writers highlights the importance of using correct pronouns and chosen names to avoid family conflict later.

How this works in real life

We recently worked with a client who had two children — one of whom had transitioned but not legally changed their name. Their existing Will splits everything “between my son and my daughter. ”This wording risked excluding the child whose gender identity had changed. We redrafted the Will to leave the estate “equally between my children,” and included both legal and chosen names for clarity. The client told us this gave them tremendous peace of mind — not just legally, but emotionally too.

FAQs ❓

1. Do I need to change my Will if my child transitions?

Not always — but it’s wise to review it. Gendered terms in Wills can create confusion, so neutral language is safer.

2. What if my child hasn’t legally changed their name?

We can include both names (“legal name also known as chosen name”) to ensure clarity and respect.

3. Does a Gender Recognition Certificate affect a Will?

Yes. A GRC legally changes how someone’s gender is recognised. For Wills made after April 2005, that legal recognition applies.

4. What if I already wrote “sons and daughters” in my Will?

It may still be valid, but it could cause disputes. Updating your Will to use “children” removes that risk.

5. Is this complicated or expensive?

Not at all. Updating wording is a straightforward change that makes a big difference.

Optional Technical Notes (for those who want the detail…)

• Gender Recognition Act 2004: Since 4 April 2005, individuals with a GRC are legally recognised in their acquired gender (legislation.gov.uk).
• Class gifts: Case law shows that wording matters. “Sons and daughters” can exclude, while “children” includes all legally recognised children.
• Best practice (Society of Will Writers): Use gender-neutral terms where possible and check with the client about names and pronouns.
• GOV.UK guidance: Confirms that a GRC is the formal route to legal gender recognition in England & Wales.

Next steps

If you or someone in your family is transgender or non-binary, your Will may need a minor update to make sure everyone is included correctly. 

At Fern Wills & LPAs, we will:

• Review your existing Will carefully.
• Explain in plain English how the law applies.
• Make sure your wording is both legally secure and personally respectful.
• Treat you and your family with dignity and respect

📞 Call us today to arrange a review

📧 Or email us to book a confidential appointment