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13 March 2026 / Charlotte Coyle
Issue: 8153 / Categories: Features , Family , Child law , Wills & Probate
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Surrogacy & Succession

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Charlotte Coyle sets out what modern families & practitioners need to know after Cator v Thynn
  • Cator v Thynn has important implications for those building families through assisted reproduction, international surrogacy and those operating within long‑established trust structures.
  • It highlights that a child’s legal status at birth and the timing of a parental order can directly affect their inheritance rights.

The recent High Court judgment in Cator and others v Thynn Marquess of Bath and another [2026] EWHC 209 (Ch) has drawn national attention, as it not only concerns the prominent Longleat estate, but it has important implications for modern families, particularly those building families through assisted reproduction, international surrogacy and, in particular, those operating within long‑established trust structures.

This recent ruling examines a reality that many parents are unaware of, which is that a child’s legal status at birth and the timing of a parental order can directly affect their inheritance rights.

The case

In Cator v Thynn, the High Court considered procedural issues arising from the intended inclusion of the younger son of the Eighth

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