The background
6.B is 17 years old. In 2013, tragically, his father died. At the time of death, B’s father owned a property in France. He died intestate in France. As a result, under French succession law, the property passes in equal shares to B and his adult sister. B is habitually resident in England. It is necessary, under French law, for the heir (in this case B) to accept his/her succession to a French estate. As a minor, B is not able to do so. If he were resident in France, his surviving parent would be able to accept succession on his behalf by a straightforward, essentially administrative, exercise by application to the juge des tutelles. Because he is not resident in France, the French juge des tutelles has declined to accept jurisdiction.
- Approved Judgment
- Introduction
- Re AC (A Child) [2020] EWFC 90.
- The application
- The background
- The 1996 Hague Convention
- Re AC
- responsibility
- duties
- the child’s own name
- in his or her own name
- Hays v Hays
- Re AC
- Hays v Hays [2015] EWHC 3825 (Ch)
- or disposal
- South Down Trustees Ltd v GH [2018] EWHC 1064 (Ch).
- Re AC.
- Procedural points
- must
- Hays v Hays
- Re Shanavazi