Legal News

The court’s jurisdiction over foreign property inherited by a child (Re AC (a child))

The court’s jurisdiction over foreign property inherited by a child (Re AC (a child))
Published on: 12 January 2021
Updated on: 13 January 2021
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

Popular documents