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Shrug. I find generic use of he/his incredibly clumsy and jarring, and singular they/their not at all. I don't really see the relevance for colloquial language to "buy into" rules about legal language, and besides in this instance I was of course pointing out that "his" is incorrect for me as an individual. If not meant generically, I think it's good to remind people of their own assumptions. If meant generically (I mean - pedantry aside do you actually do that in a normal conversation?) I'm still in favour of shifting away from its use.
I need a word other than "incorrect" then. Their seems a much more obvious choice that does not imply an assumed gender.