Inheritance and the Posthumously Conceived Child

(2017) Conveyancing and Property Lawyer

13 Pages Posted: 31 Oct 2017 Last revised: 27 Jan 2018

Date Written: October 29, 2017

Abstract

A child may be born after the death of its natural father. That has always been the case. Modern advances in technology now create a new possibility and a child may be both conceived and born after the death of its father. This creates many legal complexities and uncertainties, one of which relates to the posthumously conceived child’s capacity to inherit from the deceased father’s estate. This article examines the novel legal questions that arise in relation to such children and succession. In particular, the extent to which sperm is inheritable, the obstacles faced by posthumously conceived children in inheriting from the natural father and the circumstances when a duty to provide for the child from the estate will arise.

Suggested Citation

Maddox, Neil, Inheritance and the Posthumously Conceived Child (October 29, 2017). (2017) Conveyancing and Property Lawyer. Available at SSRN: https://ssrn.com/abstract=3061579

Neil Maddox (Contact Author)

Maynooth University ( email )

Law Department
Maynooth University
Maynooth, County Kildare 00000
Ireland

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