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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A recent case illuminates when a trustee can enter into a commercial transaction and the scope of s57 of the Trustee Act 1925. Adam Carvalho and Joseph de Lacey highlight the key points ‘The court did not need to agree that the trustee’s decision was “right”, but just that the decision fell within a range …
Continue reading "Trustees: Judicial blessings"
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