- The court’s jurisdiction over foreign property inherited by a child (Re AC (a child))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The case concerned a share in an Italian holiday home inherited by a child resident in England on the death of his father intestate. Italian law required a formal acceptance of the inheritance over which the English courts had jurisdiction with a view to the court later authorising a sale. The application was brought for acceptance of the inheritance under section 3 of the Children Act 1989 (ChA 1989) and some potential difficulties concerning the jurisdiction of the court to approve a sale on behalf of the child were canvassed before the court. Previously in Hays v Hays the Chancery Division had considered that the court did not have power under ChA 1989, s 3 to authorise a sale of a child’s inherited property and that decision was considered in this case. Written by Penelope Reed QC of 5 Stone Buildings, Lincoln’s Inn.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial