From time to time, we encounter situations where the rights of step-children (or other individuals related by marriage) are questioned.

For the purposes of Part II of the Succession Law Reform Act, which addresses rights on an intestacy, a “child” is defined as including “a child conceived before and born alive after the parent’s death, and a child conceived and born alive after the parent’s death, if the conditions in subsection 1.1(1) [which outlines guidelines for the use of genetic materials in the posthumous conception of a child] are met.” Individuals who are born outside of marriage are also noted to have the same rights as those born to parents married to one another (at subsection 1(3)).

Download the full Solicitor’s Tip below.