AC, Re (A Child) (Rev 1)

AC, Re (A Child) (Rev 1)

Acceptance of inheritance by a parent on behalf of a minor falls within the definition of parental responsibility under s3 of the Children Act 1989, and the English court has jurisdiction to authorise such acceptance under Article 8(1) of the Council Regulation. It is in the child's best interests to resolve his heirship and enable receipt of property to which he is entitled.

Parties
Child: AC; Applicant/mother: M; Deceased Father: F
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Family / Judgment
Outcome
application granted
Legal Topics
Parental Responsibility, Acceptance of Inheritance, Property of Minors
Family Law Private International Law Parental Responsibility Acceptance of Inheritance Property of Minors

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Parties

AC

Child

M

Applicant/mother

F

Deceased Father

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the English court has jurisdiction to authorise acceptance of inheritance by a parent on behalf of a minor under s3 and s8 of the Children Act 1989
  2. 2 Whether acceptance of inheritance constitutes an exercise of parental responsibility under English law

Ratio Decidendi

Acceptance of inheritance by a parent on behalf of a minor falls within the definition of parental responsibility under s3 of the Children Act 1989, and the English court has jurisdiction to authorise such acceptance under Article 8(1) of the Council Regulation. It is in the child's best interests to resolve his heirship and enable receipt of property to which he is entitled.

Court Disposition

application granted

Orders

  • Order authorising M to accept AC's inheritance of a share in the Italian property on his behalf