Caselaw Digest
Caselaw Digest

N, Re

[2024] EWFC 141
A father wants to give his 15-year-old son a share of his Swiss property. Because of Swiss rules, a UK court needed to approve. The court did, because the son agreed, and the plan protected his interests.

Key Facts

  • 15-year-old N's parents apply for authorisation to accept a one-third share of a Swiss property on his behalf.
  • N's father is the legal and beneficial owner and will transfer shares to N's mother, brother, and N.
  • Swiss law requires authorisation from N's habitual residence (UK) as he is not domiciled in Switzerland.
  • The application follows the procedure outlined in Re AC [2020] EWFC 90 and Re B [2022] EWFC 7.
  • N is content with the proposal, and a Deed of Agreement protects him from costs and liabilities.

Legal Principles

Authorisation is required from the courts of the minor's habitual residence to accept a gift of property under Swiss law when the minor is not domiciled in Switzerland.

Swiss Law

The court's authorisation to accept property on behalf of a minor is governed by the same legal and procedural principles as set out in Re AC [2020] EWFC 90 and Re B [2022] EWFC 7, regardless of whether the property is inherited or gifted.

Re AC [2020] EWFC 90 and Re B [2022] EWFC 7

The court must consider the welfare checklist and the paramountcy principle in deciding whether to grant authorisation to accept a gift on behalf of a minor.

Children Act 1989

Outcomes

The court granted authorisation for N to accept the gift.

The application was comprehensive, followed proper procedure, N consented, and the arrangement protected his interests.

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