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Review of Reviews: “Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were?” Hofstra L. Rev. (forthcoming)Review of Reviews: “Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were?” Hofstra L. Rev. (forthcoming)

Ashleigh Rousseau, law clerk at Lieb at Law P.C., Smithtown, N.Y.

Pamela L. Lucina, Chief Fiduciary Officer and Executive Vice President

October 24, 2019

4 Min Read
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What if William Smith executes a will using the phrase “to my son, Joseph.” Before William dies, Joseph embraces her gender identity as a woman and lawfully changes her name to Josephine. After William’s death, is Josephine still entitled to the right to inherit under the will, or did embracing her gender identity deprive her of this right? This article, by Ashleigh Rousseau, explores what happens to William, or any decedent, who names a beneficiary in a will by using the beneficiary’s name and gender reference, and then the beneficiary subsequently changes their gender identity, as well as the beneficiary’s legal name, after the will is written. 

For background, the author first explores the different terms and misconceptions related to ...

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About the Author

Pamela L. Lucina

Chief Fiduciary Officer and Executive Vice President, Northern Trust

Pamela L. Lucina is chief fiduciary officer and executive vice president at Northern Trust in Chicago.