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ARTICLE · 14 AUGUST 2023

Posthumous Conception: How Does This Affect My Estate?

Clark Wilson LLP
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Our society's understanding of what constitutes "family" is everchanging, especially in light of our appreciation and recognition of the many different forms a relationship can take.

CanadaFamily and Matrimonial
Zachary Murphy-Rogers
Zachary Murphy-Rogers
Vivian Thieu
Vivian Thieu
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Our society's understanding of what constitutes "family" is everchanging, especially in light of our appreciation and recognition of the many different forms a relationship can take. This has further changed with possibilities that have arisen through the emergence of reproductive technology.

But, this emergence has led to other questions, specifically in the realm of estate planning: what rights do children conceived through reproductive technology have, and how does their existence affect their parent's estate when that parent dies?

The Law

In the case of Bull v. Sloan, 1938 CanLII 231 (BC CA), the British Columbia Court of Appeal decided that the posthumously-born child was not entitled to a share in their deceased father's estate. The deceased father had left all of his property to his wife and three existing children. When he learned that his wife was pregnant again, he discussed with a friend about constructing a new will to include the expected

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