Title: Succession and posthumously conceived children
Description: This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta's Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and how inheritance rights on intestacy might be created. These issues include: the orderly administration of estates; the interests of other intestate heirs; the best interests of the child. The decision whether or not to grant inheritance rights requires placing some values ahead of others. There is also an ongoing concern that the deceased had consented, while alive, to parentage and inheritance rights operating after their death. Similar issues arise with respect to wills, although it may be possible for a testator to make a gift to a posthumously conceived child if the drafting is carefully carried out. The provisions of the Wills and Succession Act, rules relating to perpetuities and class closing, necessitate very careful wording of any gift to a posthumously conceived child. Report for Discussion 23 seeks to explain the issues and suggests possible options for how the law should respond.
Subjects: Human Artificial insemination, Estates (Law), Inheritance and succession, Distribution of decedents' estates
Places: Alberta