Minors Inheriting Property Abroad - Practical Pointers for Private Client Practitioners

Introduction

Notwithstanding the UK’s departure from the European Union, there are many clients who still have connections to civil law jurisdictions in the EU, including the ownership of property.

Matters can become complicated where children in England under the age of majority in a civil law jurisdiction inherit property there, and a person with parental responsibility wishes to sell it on their behalf.

A court application will ordinarily be needed, and the applicant will need to explain the jurisdictional basis for the English Court acting, as well as the appropriate applicable law.

In February 2022, Mr Justice Peel handed down a decision (Re B) providing further guidance on these applications.

This webinar will set out what private client practitioners need to be aware of when faced with a similar situation.

What You Will Learn

This webinar will cover the following:

• The circumstances in which an application to the English Court may be needed to sell property abroad on behalf of a minor
• Differences between common law and civil law approaches to property ownership
• How to approach jurisdiction issues, including:
• Which Court has jurisdiction?
• Should the English or foreign court deal with the matter?
• Framing the legal basis - a question of succession v a question of parental responsibility?
• Basis for jurisdiction of the English Court
• The applicable law
• How the Court’s approach in these cases has evolved
• Practical pointers in making the application/avoiding procedural hurdles

This webinar was recorded on 15th August 2022