Bermuda Law Blog

In vitro fertilization and cryo-preservation of eggs, sperm and excess embryos, has become a routine procedure in much of the world. Bermuda does not have a sperm bank or a storage facility for embryos. Nor does Bermuda have an IVF clinic. But there are many Bermudians who travel overseas for fertility treatment and, in their excitement over the possibility of parenthood, are likely to give little thought to the nature of their interest in their own genetic material. Likewise, eggs and sperm are frequently stored by men and women undergoing chemotherapy, who may suffer sterility as a consequence of treatment.

The facts of recent UK case Marley v Rawlings (260 KB PDF) were straightforward. Mr. and Mrs. Rawlings gave instructions to their solicitor to prepare identical wills, each leaving their estate to the other, but if the other had already died, to their “adopted son, Terry Marley”. The Rawlings had two biological sons, who were effectively disinherited by these wills. Unfortunately and inadvertently, husband and wife each signed the other’s will as a consequence of the solicitor handing the wrong will to the wrong person. The mistake was discovered on the death of Mr. Rawlings, several years after the death of Mrs. Rawlings, and the Rawlings’ biological sons challenged the will.