This was a Judgment given by Mr Justice Peel to an Application made by the mother for an Order under s8 of the Children Act 1989, in respect of her child’s inheritance. The child’s inheritance was a share of an Italian property.
The background of the case was that the property had been purchased in the joint names of the mother and father in 2006. The property had been used a holiday home. The parties had married in 2007 and the child was born thereafter. The father had died intestate in 2017. Under Italian law, the child was entitled to one half share of the father’s 50% share of the property. The other half of the father’s share would pass to the mother, giving the mother a 75% share of the property. Since the father’s death, the property was no longer used by the mother and the child, therefore the mother wished to sell. An offer of 220,000 euros had been made on the property, which was over the current valuation. The mother intended to invest the child’s share for his future and therefore wished for an Order to allow her to accept the child’s inheritance on his behalf. This would then allow the next steps in the sale of the property.
In making his Judgment, Mr Justice Peel considered Italian Law, (including Articles 2 and 581), European Law and English Law. The only case law that could be found on a similar topic, Hays v Hays [2015] EWHC 3825 (Ch), was also considered. Mr Justice Peel concluded that he had jurisdiction to make an Order in this matter and therefore made the Order sought, allowing the mother to accept the child’s inheritance on his behalf. No Order was made in respect of the sale of the property, as that was not the Order sought at the time. The matter was to be referred back to Mr Justice Peel, however, in the event that such Orders were required.
The full judgement can be read here
If you have any questions regarding this summary case law please contact Claire Robson here