The law has considered the experiences of transgender individuals more and more in recent years. In Ontario, gender identity and expression became prohibited grounds of discrimination in 2012 (Toby's Act) and in 2017, there was a shift towards more gender-neutral language (All Families Are Equal Act). Despite these important recognitions, estate and succession laws have yet to consider the unique experience of transgender people, specifically when testamentary documents misname or misgender transgender individuals. This article will explore these problems and address how they should be resolved when they arise. This article uses the term transgender to refer to anyone whose gender differs from the gender they were assigned at birth, including non-binary people.
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