Q&As

A lives in France and wishes to make a lifetime gift of part of their home in France to their minor grandchildren. Minors are unable to hold real estate in England under section 1(6) of the Law of Property Act 1925, whereas in France they can. Under English law, can a parent sign the relevant transfer document on behalf of a minor to receive the gift?

read titleRead full title
Published on LexisPSL on 03/08/2020

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A lives in France and wishes to make a lifetime gift of part of their home in France to their minor grandchildren. Minors are unable to hold real estate in England under section 1(6) of the Law of Property Act 1925, whereas in France they can. Under English law, can a parent sign the relevant transfer document on behalf of a minor to receive the gift?

We have assumed that:

  1. the interest in the French property constitutes immovable property under English law

  2. the minor grandchildren are habitually resident in the UK

Under English conflict of laws rules, the capacity to take an interest in French immovable property is determined by French law as the law of situs. Furthermore, French law will also determine the formal validity of a transfer of the interest. The question indicates that, as a matter of French law, a parent can sign the transfer document on behalf of the minor.

The key issue, therefore, is who French law will accept as a ‘parent’ of the minor for the purposes of si

Popular documents