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The Family Court recently considered an application by the parents of a 15-year-old boy for authorisation to accept a gift of a share in a property on his behalf, in exercise of their parental responsibility.
The boy's father owned a property in Switzerland and intended to transfer it in equal shares to the boy, his brother – who was over the age of 18 – and his mother. Minors are allowed to own property under Swiss law but, as the boy was not domiciled in Switzerland, it was necessary for the courts in England, as the country where he was habitually resident, to authorise acceptance of the gift.
The Court took account of two cases in recent years in which authorisation had been sought to accept overseas property on behalf of a minor where a parent had passed away and forced heirship laws applied. While this case involved a gift during the parent's lifetime, the Court noted that the legal requirements were the same and considered that the same legal and procedural principles applied.
The application included evidence from Swiss lawyers as to the position in Switzerland. The boy was happy with what was proposed and his father had undertaken to meet the running costs of the property and provide indemnities.
The Court concluded that the application fell squarely within the exercise of parental responsibility as outlined in the two earlier cases. Granting the authorisation sought, the Court was satisfied that it was in the boy's best interests.