Thursday, March 14, 2019
Article on Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were?
Ashleigh Rousseau recently published an Article entitled, Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were?, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article.
Suppose William Smith, father of Joseph Smith, executes a will to leave his estate to his children. In his will, the phrase “to my son, Joseph” is used, preceding a bequest for the property. Before William dies, Joseph embraces his transgender identity, obtains a lawful name change to Julia, obtains a lawful gender marker change, and undergoes sex confirmation surgery. William dies, and his estate is divided. Is Julia still entitled to Joseph’s portion of William’s estate? In embracing her transgender identity, is she deprived of her right to inherit?