Wills & Trusts Law Reports | Summer 2022 #187In 2013, B’s father died intestate in France leaving a French property. Under French law, the property passed to B and his adult sister in equal shares. Under French law, it is necessary for the heir to accept their succession to the French estate. As B was a minor (aged 17), he was not able to do so. If he lived in France the surviving parent would be able to accept the succession on B’s behalf, but because B was habitually resident in England the French court declined jurisdiction.
B’s mother made an application for a specific issue order under s8 of the Children Ac...
A recent Family Court decision has valuable lessons for trust and estate practitioners dealing with foreign property inherited by a minor. Georgia Bedworth reports The decision in Re B makes clear that in English law, just as in civil law jurisdictions, the power to administer property on behalf of a child is an aspect of …
Continue reading "Property succession: A clear route map for foreign property inheritance by minors"
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The court has provided welcome clarity on applications to court for authority to sell a property abroad on behalf of a minor. Remi Aiyela explains The judge decided that it was plainly in Ilyas’ best interests that the property be sold at a good sale price higher than the current valuation. Re Shanavazi [2021] was …
Continue reading "Probate: A far from minor inconvenience"
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