The following Private Client Q&A provides comprehensive and up to date legal information covering:
We have assumed that:
the interest in the French property constitutes immovable property under English law
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
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