The Succession Law Reform Act does in fact eliminate the distinction between children born within the marriage and children born outside the marriage for the purposes of succession under intestacy. The Succession Law
Reform Act requires a person making a Will to consider beneficiaries who may have been born outside of marriage as well as beneficiaries born within the marriage traced a relationship to the deceased to persons born outside the marriage. In addition, there is a statutory onus placed to find the personal representative to make reasonable inquiries for persons who may be entitled by virtue of their relationship traced through a person born outside of marriage. This statutory onus derives from Section 24(1) of the Estates Administration Act. If you do not wish a child born outside marriage to be included in your Will, a testator may place a provision in your Will excluding the right of inheritance of persons born outside marriage. If you have any questions please call Ryan Carson or Matt Lalande for more information.