ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Estate Planning Blogs -> Toronto Estate Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Estate Planning

: Toronto Estate Law Blog

Will Manitoba Give Inheritance Rights to Posthumously Conceived Children?

By Hull & Hull LLP

ADVERTISEMENTS

The Manitoba Law Reform Commission has recently recommended that legislation be put into to place to give children who are artificially conceived after a parent's death the same rights to the parent's estate as children who were already living. 

The impetus behind the recommendation is the growing use of artificial conception techniques and the recently new possibility of conceiving a child after a partner's death.  The objective is to deal with this in legislation, before cases start to appear in court. 

In several provinces, the law provides that children who have been conceived while a parent is living (but are born after death) can have an interest in the parent's estate.  But so far, there are no laws that provide for children who are conceived after a parent's death (for example, by in vitro fertilization).    

The commission is recommending that the law be limited to children who are conceived within two years of the deceased's death and that a parent who anticipates conceiving must give notice within six months of the deceased's death.  In the interim, the estate would remain frozen.  

It will be interesting to see what the law looks like if it comes to fruition.  Allowing a prospective parent to freeze an estate for eighteen months could create serious administrative problems, particularly with respect to the payment of debts owing to creditors.  In addition, I wonder what impact legislation like this would have on the deceased's obligation to surviving family members, particularly dependants. 

Another issue that comes to mind is whether legislation would just result in people including provisions in their wills specifically limiting the class of beneficiaries to those alive at the individual's death. 

In any event, reproductive technology is a rapidly advancing area of science and it seems inevitable that at some point this will become an issue.  It will be interesting to see if other provinces start to consider introducing similar legislation.

Have a great spring weekend!

Megan F. Connolly    

Full post as published by Toronto Estate Law Blog on March 20, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 10/31/26 06:45:29)