The traditional understanding of relationships is outdated in the 21st century, and as Private Client law is built upon working alongside Clients and their relationships, it is crucial that we embrace these forms of connection and commitment to provide informed and tailored advice to our Clients. Furthermore, it is important for all to stay informed and recognise these relationship structures as a way to connect with the people around us. That’s why we’re having a look at these types of relationships, including LGBTQIA+ partnerships and Ethical Non-Monogamous (ENM) relationships, and how legal matters, such as inheritance, are affected by these structures.
LGBTQIA+ Relationships
LGBTQIA+ (Lesbian, Gay, Bisexual Transgender, Queer (or Questioning), Intersex, Asexual, and others) is a term that encompasses sexual orientations and gender identities that do not conform to traditional cisgender, heterosexual standards. As a result, it is difficult to broadly define the relationships that can be considered “LGBTQIA+ relationships”. That being said, there have been significant improvements in regard to the legal recognition of LGBTQIA+ relationships, particularly as a result of the Marriage (Same Sex Couples) Act 2013 which came into effect in 2014. The non-binary community face one particular barrier to the legal benefits of marriage; marriage certificates only recognise marriage between “opposite sex” and “same-sex” couples. As a result, if a non-binary individual wishes to have the legal recognition of marriage, they must conform to binary gender. If they choose instead to forego marriage, there are complications that will have implications when looking at Estate Planning and Inheritance Tax.
Ethical Non-Monogamous (ENM) Relationships
ENM relationships refer to relationships which do not follow the traditional monogamous structure, meaning there is consent between partners to pursue romantic and sexual relationships outside of the partnership. There are several ways that they may be structured, including but not limited to the following:
- Polygamy – Marriage to more than one spouse. If a man marries more than one wife, this is known as polygyny, and if a woman marries more than one husband, this is known as polyandry.
- Polyamory – If both partners are able to be in multiple relationships of any kind, this is a polyamorous relationship. This is therefore not gender-specific in a way that polygamy is.
- Open relationships – An open relationship is a relationship between two individuals, however they are both free to pursue sexual relationships outside of the partnership. This differs from polygamy and polyamory, as an open relationship doesn’t allow for multiple, equal relationships.
- Swinging – In contrast to an open relationship in which there is less structure to the pursuit of sexual relations outside the couple, swinging tends to be between multiple couples who will “swap” sexual partners.
- Triads or throuples – In much the same way as a couple is a relationship between two individuals, a throuple (or triad) is a relationship involving three, equally committed individuals.
- Polyfidelity – While polyamory accommodates the pursuit of relationships of any kind, polyfidelity is exclusive but involves multiple partners. This could be any number, but there must be commitment among the relationships and consent from all for any additional partners.
- Casual sex/dating – Without the structure of relationships, casual dating or sex is the pursuit of dates or sex without necessarily having the intention of commitment or relationships.
In the UK, ENM relationships are not legally recognised. For many of the same reasons as non-binary individuals, this complicates Estate Planning and Inheritance Tax Planning for ENM relationships, however there are further legal considerations they may have to make.
Legal and Personal Considerations
As established before, non-binary individuals and ENM relationships are not legally considered for marriage, and as a result there are complications when establishing inheritance. Arguably the largest of these complications regards Inheritance Tax. When assets pass from one spouse to another when they die, the assets are exempt from Inheritance Tax. If a couple is not recognised, the succession of assets will be subject to Inheritance Tax beyond the Nil Rate Band. Therefore, for those whose relationships are not recognised by UK law, establishing a Will that divides their assets in accordance with their wishes is an imperative.
It may also be necessary to take special consideration for Lasting Powers of Attorney (LPAs). This is because Clients in ENM relationships may want the documents to reflect their relationship. This means that they could want all of their partners to be Attorneys, and it is important to ensure that everyone involved in the relationship are satisfied and comfortable with the establishment of any LPAs.
In addition to certain legal steps that may have to be emphasised in non-traditional relationships, it is important to ensure the use of inclusive communication. Regarding LGBTQIA+ relationships, this may include the correct use of pronouns. In ENM relationships, it is important to ensure that all partners feel respected and acknowledged as equal parts of the relationship.
If you are seeking legal advice regarding Estate or LPA planning, regardless of your relationship structures, please don’t hesitate to contact us here. We offer free 30-minute consultations where we can discuss your specific situation to help you the best way we can.
