Who are your Heirs? Could that List Soon be Changing?
With the modern definition of ‘family’ being dynamic, it is no wonder that questions regarding when a class closes on ‘children’ has become a concern for many of those who practice in the field of Estate Planning and Estate Litigation. This is to say nothing of the related concerns for those personally dealing with issues related to assisted reproduction. This concept was addressed in the December Issue of the National. The article noted that perhaps the legislation, both Federal and Provincial, addressing the many and varied issues that have risen in this field, lags well behind the relatively recent catapult in medical technology.
In a response to this article, legal counsel to the Manitoba Law Reform Commission advised of their Report on Posthumously Conceived Children: Intestate Succession and Dependant Relief (Report #118, 2008). The commission recommended legislative amendments to address the eligibility of posthumously conceived children to a share of the Estate on an intestacy.
Although it is likely that any changes resulting from this Reform Commission would be implemented Provincially first, it is conceivable that this the suggestions will be considered by other legislatures in the country spurring on change. Perhaps this field of law is about to experience an overhaul. Certainly, a topic of interest to keep our eyes on.
Until Tomorrow,
Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.
